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Angi Terms of Use
Effective August 5, 2021
DownloadTable of Contents
Angi Terms of Use
Last updated on August 5, 2021
Angie’s List, Inc. d/b/a Angi (“Angi”) helps consumers research, hire, rate, and review a variety of service contractors and health related professionals (collectively, “Service Providers”). The following Terms of Use outline your obligations when using the Angi websites, mobile applications, and services.
1. ACCEPTANCE OF TERMS
The Angi website available at www.angieslist.com, the Angi mobile application, all related sites and mobile applications, and the various content, features, and services offered on and in connection with these sites and applications, including the Angi magazine (collectively, the “Sites and Services”) are owned and operated by Angi and can only be accessed and used by you under the Terms of Use described below (“Terms of Use”).
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING, DOWNLOADING, OR USING ANY OF THE SITES AND SERVICES, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS AND USE THE SITES AND SERVICES.
2. MODIFICATIONS OF TERMS OF USE
Angi may, in its sole discretion, modify these Terms of Use at any time effective upon posting the modified Terms of Use on and in connection with the Sites and Services, with or without additional notice to you. You are responsible for regularly reviewing information posted on the Sites and Services to obtain timely notice of such changes. If you do not agree to the amended terms, you agree to immediately stop using the Sites and Services and to provide Angi notice to remove you from any distribution lists or other communication list that are available to you through your use of the Sites and Services. YOUR CONTINUED USE OF THE SITE AND SERVICES AFTER SUCH POSTING (OR OTHER NOTIFICATION, IF ANY) MEANS YOU ACCEPT AND AGREE TO BE BOUND BY THE MODIFIED TERMS OF USE.
3. USE OF THE SITE AND SERVICES
Subject to full compliance with these Terms of Use, Angi grants authorized users a nonexclusive, nontransferable, non-sublicensable, terminable license to access and use the Sites and Services for your personal use. You agree to not access, reproduce, duplicate, copy, sell, re-sell, modify, distribute, transmit, or otherwise exploit the Sites or Services or any of their content for any purpose except for your personal use and as described in these Terms of Use, without the express written consent of Angi. Angi may modify, update, suspend or discontinue the Sites and Services, in whole or in part, at our sole discretion for any or no reason, at any time and with or without notice. Angi shall not be liable to any user or other third party for any such modification, update, suspension or discontinuance.
4. USER CONDUCT
As a condition of your access and use of the Sites and Services and your submission or access to any ratings, reviews, communications, information, data, text, photographs, audio clips, audiovisual works, or other materials on the Sites and Services (collectively, the “Content”), you agree not to use the Sites and Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Angi. By way of example, and not as a limitation, you agree not to:
- violate these Terms of Use, other applicable agreement with Angi, and any applicable local, state, national or international law, and any rules and regulations having the force of law;
- use the Sites and Services in any manner that violates any relevant law or that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any Content that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
- use the Sites and Services or its Content for any purposes not authorized by these Terms of Use, including commercial, political, or religious purposes, including the submission or transmission of any Content that contains advertisements, promotional materials, junk mail, or any other form of solicitation;
- reproduce, duplicate, copy, modify, sell, re-sell or exploit any Content or the Sites and Services for any commercial, educational, or any other non-personal purpose or any for any purpose unrelated to your personal purchasing decisions, without the express written consent of Angi, which consent may be withheld by Angi in our sole discretion;
- post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure, interfere or attempt to interfere with the proper working of the Sites and Services or any activities conducted on the Sites and Services;
- harass, threaten, intimidate, impersonate, or attempt to impersonate, any other person, falsify your contact or other information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Angi, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating;
- knowingly provide or submit false or misleading information;
- use the Sites and Services if you are under the age of eighteen (18);
- take any action that would undermine the review and rating process under the Sites and Services;
- attempt to gain unauthorized access to the Sites and Services, other user accounts, or other computer systems or networks connected to the Sites and Services;
- use the Sites and Services in any way that could interfere with the rights of Angi or the rights of other users of the Sites and Services;
- attempt to gain unauthorized access to any portion or feature of the Sites and Services, or any other systems or networks connected to the Sites and Services or to any server used by Angi by hacking, password ‘mining’ or any other illegitimate or unauthorized means, including attempting to obtain password, account, or any other personal or private information from any other Sites and Services user;
- sell, share, or otherwise transfer your account username, password, other information, or your rights or obligations under these Terms of Use;
- transmit or submit any transmission or other materials that are encrypted or that contains viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that is likely or intended to damage, interfere with, disrupt, impair, disable or otherwise overburden the Sites and Services;
- access, download, monitor, or copy any information contained on our Sites and Services through artificial means (including but not limited to use any ‘deep-link’, ‘scraper’, ‘robot’, ‘spider’ or other automatic device, program, algorithm or methodology, or any similar or equivalent automatic or manual process, or in any way reproduce or circumvent the navigational structure or presentation of the Sites and Services or any content, to obtain or attempt to obtain any Content, materials, documents or information through any means not purposely made available through the Sites and Services; or
- probe, scan or test the vulnerability of the Sites and Services or any network connected to the Sites and Services, nor breach the security or authentication measures on or of the Sites and Services or any network connected to the Sites and Services. You may not reverse look-up, trace or seek to trace any information on any other user of the Sites and Services, or any other customer of Angi, including any Angi account not owned by you, to its source, or exploit the Sites and Services or any service or information made available or offered by or through the Sites and Services, in any way where the purpose is to reveal any information, including but not limited to personal identification or information other than your own information, except as expressly authorized by Angi and provided for by the Sites and Services.
5. ANGI’S SERVICES
When using, accessing, or purchasing particular services or features of the Sites and Services, you shall be subject to any posted agreements, guidelines, or rules applicable to such services or features that may be posted from time to time. All such agreements, guidelines, or rules are hereby incorporated by reference into the Terms of Use.
6. REGISTRATION INFORMATION
We may require that you create an account to use or access certain parts of the Sites and Services and use certain products and features. We may require that you provide login information such as a username and password to access and utilize your account. As a condition of your use of the Sites and Service, you agree to (a) provide Angi with true, accurate, current and complete information as prompted by the Angi’s registration forms, when registering for or using the Sites and Services and (b) update and maintain the truthfulness, accuracy and completeness of such information. You are responsible for maintaining the confidentiality of any password or other account information not generally available to others and are fully responsible for all activities that occur under your username and password. While there are limited, legitimate reasons for creating multiple accounts, creating serial or overlapping accounts may result in account termination. Please contact us if you have questions about managing multiple accounts.
7. SUBMITTING CONTENT
As a condition of submitting any Content or other materials to the Sites or Services, you agree that:
- you grant to Angi a royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from, incorporate such Content into other works;
- you grant to Angi all rights necessary to publish or refrain from publishing your name and address in connection with your Content; sublicense through multiple tiers the Content, and acknowledge that this license cannot be terminated by you once your Content is submitted to the Sites and Services;
- you grant to Angi all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction, distribution, or exploitation of your Content by any other party;
- your name and report information may be made available to the public and to the Service Providers on which you report;
- you represent that you own or have secured all legal rights necessary for the Content submitted by you to be used by you, Angi, and others as described and otherwise contemplated in these Terms of Use;
- you represent and warrant that each person identified, depicted, or shown in in your Content, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the Content consistent with these Terms of Use;
- you are solely responsible for your reviews and ratings;
- Angi may, in its sole discretion, choose to remove or not to remove reviews and ratings once published;
- you will not submit any reviews that may be considered by Angi to be infringing, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, or otherwise violates any relevant law or right of any other party, or racially, ethnically or otherwise objectionable;
- all of your reviews and ratings will either be based upon (i) your actual first-hand experiences with the Service Providers you are reviewing or (ii) as provided below, an individual and that individual’s actual first-hand experience with a health care or wellness provider whereby you have the legal authority to disclose such health information and experience of such individual;
- all of your reviews and ratings of the Service Providers that you are rating will be accurate, honest, truthful, and complete in all respects;
- you do not work for, own any interest in or serve on the board of directors of, any of the Service Providers for which you submit reviews and ratings; you are not in any way related (by blood, adoption or marriage, if the Service Provider is an individual) to any of the Service Providers for which you submit reviews or ratings;
- you have not received any form of compensation to post reviews and ratings;
- you will submit thorough and thoughtful reviews of the Service Providers you review (for example, submitting a review describing a service contractor as “He/She is great.” Without additional commentary is not a thorough and thoughtful review);
- you will not submit reviews that comment on other users or the reviews of other users;
- you will not submit reviews with hyperlinks; or
- the reviews and ratings that you provide do not reflect the views of Angi, its officers, managers, owners, employees, agents, designees or other users.
8. PUBLICATION AND DISTRIBUTION OF CONTENT
Angi does not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted to or through the Service. You acknowledge that Angi simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of Content and for the publication and distribution of any content posted by Service Providers in response to Content (“Service Provider Content”). You understand that all Content and Service Provider Content posted on, transmitted through or linked through the Service, are the sole responsibility of the person from whom such Content originated. You understand that Angi does not control and is not responsible for Content or Service Provider Content made available through the Service, and that by using the Service, You may be exposed to Content that is inaccurate, misleading, or offensive. You agree that You must evaluate and make Your own judgment, and bear all risks associated with, the use of any Content and Service Provider Content.
You further acknowledge that Angi has no obligation to screen, preview, monitor or approve any Content or Service Provider Content, or Content posted or submitted by any other Angi member or any Service Provider. However, Angi reserves the right to review and delete any Content that, in its sole judgment, violates the terms and conditions of this Agreement. By using the Service, You agree that it is solely YOUR RESPONSIBILITY to evaluate Your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any Content that You submit, receive, access, transmit or otherwise convey through the Service. Under no circumstances will Angi be liable in any way for any Content or Service Provider Content, including, but not limited to, any Content or Service Provider Content that contains any errors, omissions, defamatory statements, or confidential or private information (including, but not limited to, health information) or for any loss or damage of any kind incurred as a result of the use of any Content or Service Provider Content submitted, accessed, transmitted or otherwise conveyed via the Service. You waive the right to bring or assert any claim against Angi relating to Content or Service Provider Content, and release Angi from any and all liability for or relating to any Content or Service Provider Content.
You may, however, report Content that you believe violates these Terms of Use or is otherwise unlawful by visiting Member Support (for copyright complaints, please see below). Please note that you may be liable for damages (including costs and attorneys’ fees) for unlawful misrepresentations. If you are uncertain whether an activity is unlawful, we recommend seeking advice of an attorney.
You agree that Angi may establish general practices, policies and limits, which may or may not be published, concerning the use of the Sites and Services, including without limitation, the time that reviews and ratings will be retained, the maximum number of reviews and ratings that may be sent from an account, the length of reviews and ratings sent, and the maximum number of times and the maximum duration for which you may access the Sites and Services in a given period of time. You agree that Angi has no responsibility or liability for the deletion or failure to store any Content or other materials maintained or transmitted by or through the Sites and Services. You agree that Angi has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
9. SERVICE PROVIDERS
Angi does not endorse and is not responsible or liable for any Content, data, advertising, products, goods or services available or unavailable from, or through, any third party or Service Provider (which includes, but is not limited to, health care and wellness providers). You agree that should you use or rely on such Content, data, advertisement, products, goods or services, available or unavailable from, or through any third party or Service Provider (which includes, but is not limited to, health care and wellness providers), Angi is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in promotions of any Service Provider (which includes, but is not limited to, health care and wellness providers), and any other terms, conditions, representations or warranties associated with such dealings, are between you and such Service Provider (which includes, but is not limited to, health care and wellness providers) exclusively and do not involve Angi. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging Service Providers (which includes, but is not limited to, health care and wellness providers).
Third parties and Service Providers may link or otherwise direct Internet users to our Sites and Services for the purpose of utilizing one or more of the services we provide on behalf of others. Additionally, we may provide links or otherwise direct you to third party or Service Provider websites. Angi does not control or operate any such third party or Service Provider websites. Any information you provide to these third party or Service Provider websites while on these third party or Service Provider websites is subject to the respective policies of those third parties or Service Providers, and not Angi’s policies. It is your responsibility to review such third party or Service Provider policies, including any relevant privacy policies. You agree that Angi will not be responsible or liable for, and does not endorse any content, advertising, goods or services provided on or through these outside websites or for your use or inability to use such websites. Angi does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give to any third party or Service Provider sites. You use these third party or Service Provider websites at your own risk.
You agree that Angi is not responsible for the accessibility or unavailability of any Service Provider (which includes, but is not limited to, health care and wellness providers) or for your interactions and dealings with them, waive the right to bring or assert any claim against Angi relating to any interactions or dealings with any Service Provider (which includes, but is not limited to, health care and wellness providers), and release Angi from any and all liability for or relating to any interactions or dealings with Service Providers (which includes, but is not limited to, health care and wellness providers).
Without limiting the foregoing, your correspondence or business dealings with, consumption of products or services of, or participation in promotions of, third parties or Service Providers found on or through the use of the Sites and Services, including payment for and delivery or fulfillment of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. You agree that Angi shall not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties or Service Providers on the Angi Sites and Services.
10. HEALTH RELATED PROVIDERS
The Sites and Services and its Content are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Sites and Services.
If you think you may have a medical emergency, call your doctor or 911 immediately. Angi does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Sites and Services. Angi is not a health or wellness provider and cannot recommend or refer you to any health or wellness provider. Reliance on any information provided by Angi, its employees and others appearing on the Sites and Services at the invitation of Angi, or other visitors to the Sites and Services is solely at your own risk.
The Sites and Services may contain health-related materials that are sexually explicit. If you find these materials offensive, should not use the Sites and Services. You should be aware that if you post any health-related information about yourself or anyone else on the Sites and Services, you do so at your own risk. If you post health information about services rendered to another individual, you represent that you have the legal authority to receive health information about that individual from that individual’s health care providers and that you have the legal authority to further disclose such health information. If you post health-related information, you will be placing it into the public domain which may violate federal or state laws that protect the privacy of health information. You also acknowledge that the health care or wellness provider about whom you submit Content may submit Content that contain your private or confidential health information in response to Content you submit. Angi is not liable for any such Content. Angi cannot be expected to keep your health information confidential if you post it to the Sites or Services or otherwise make it available to others.
11. TERMINATION
Angi may terminate your privilege to use or access the Sites and Services immediately and without notice for any reason whatsoever. Upon such termination, you must immediately cease accessing or using the Sites and Services and agree not access or make use of, or attempt to use, the Sites and Services. Furthermore, you acknowledge that Angi reserves the right to take action -- technical, legal or otherwise -- to block, nullify or deny your ability to access the Sites and Services. You understand that Angi may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to Angi.
All provisions of these Terms of Use which by their nature should survive termination shall survive the termination of your access to the Sites and Services, including, without limitation, provision regarding ownership, warranty disclaimers, indemnity, and limitations of liability.
12. NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California web users are entitled to the following specific consumer rights notice: The Services are provided by Angie’s List, Inc., d/b/a Angi 130 E. Washington St., Indianapolis, Indiana 46204. If You have any questions, concerns, or complaints regarding the Services, please contact Angi by either visiting Member Support or sending a letter, first class certified mail, to Angie’s List, Inc., d/b/a Angi, 130 East Washington, Indianapolis, Indiana 46204, Attn: Customer Care.
California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
13. TRADEMARKS AND COPYRIGHTS
Angi, and other Sites and Services graphics, logos, designs, page headers, button icons, scripts, and service names are the trademarks or trade dress of Angi in the U.S. and/or other countries. These trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, keyword advertisements, or email addresses, or in connection with any product or service in any manner that is likely to cause confusion.
You should assume all Content and material made available on the Sites and Services is protect by copyright law. Aside from user-submitted Content, all other materials and other information on the Sites and Services, including, but not limited to, all text, graphics, logos, icons, images, audio and video clips, downloads, data compilations and software are the exclusive property of Angi and/or its licensors and are protected by all United States and international copyright laws.
14. NOTICES
You agree that Angi may communicate any notices to You under these Terms of Use, through electronic mail, regular mail or posting the notices on the Site. All notices to Angi will be provided by sending a letter, first class certified mail, to Angie’s List, Inc. d/b/a Angi, 130 East Washington, Indianapolis, Indiana 46204, Attn: Customer Care. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.
In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), Angi will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is:
Angie’s List, Inc., d/b/a Angi
130 E. Washington St.
Indianapolis, IN 46204
Attn: Designated Agent
If You are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that Your work’s copyright or trademark has been infringed, please report Your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted;
- a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Angi will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
15. DELAYS AND ACCESSIBILITY
The Sites and Services may be subject to limitations, delays, failure, and other problems inherent in the use of the Internet and electronic communications. Angi is not responsible for any delays, failures or other damage resulting from such problems.
16. USER FEEDBACK
Angi appreciates hearing from you, as well as our other users, and welcomes your comments regarding our Sites and Services. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, or materials other than those which we have specifically requested. Although we do value your feedback on our Sites and Services, please be specific in your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts or other information (collectively, the “Submissions”), such Submissions will be the property of Angi. In addition, none of the Submissions will be subject to any obligations of confidentiality and Angi will not be liable for any future use or disclosure of such Submissions.
17. WARRANTIES AND DISCLAIMERS
You acknowledge that Angi has no control over, and no duty to take any action regarding: which users gain access to or use the Sites and Services; what effects the content on or in connection with the Sites and Services may have on you; how you may interpret or use the content on or in connection with the Sites and Services; or what actions you may take as a result of having been exposed to the content on or in connection with the Sites and Services. You release Angi from all liability for you having acquired or not acquired content or information through the Sites and Services. The Sites and Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Angi makes no representations concerning any content contained in or accessed through the Sites and Services, and Angi will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Sites and Services. Angi makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein.
YOU ACCESS AND USE THE SITES AND SERVICES AT YOUR OWN RISK. THE SITES AND SERVICES ARE PROVIDED ON AN ‘AS IS, AS AVAILABLE’ BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER ANGI NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON OR IN CONNECTION WITH THE SITES AND SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF ANGI, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO, OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. WE ARE NOT LIABLE FOR CRIMINAL, TORTUOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THE SITES AND SERVICES. IN NO EVENT WILL ANGI OR ANY OF ITS DIRECTORS, OFFICERS, AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD-PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTUOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL ANGI OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITES AND SERVICES.
ANY MATERIAL ACCESSED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ANGI OR THROUGH OR FROM THE SITES AND/OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, ANGI DOES NOT REPRESENT OR WARRANT THAT (I) THE SITES AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SITES AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES AND/OR SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, ANGI’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
ANGI SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND ANGI HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
Angi has no control over and no duty to take any action regarding: other users’ behavior; what effects Content may have on you; how you may interpret or use Content; or what actions you may take as a result of having been exposed to Content. You release Angi from all liability for you having acquired or not acquired Content through the Sites and Services. Angi makes no representations concerning any Content, including the accuracy thereof, contained in or accessed through the Sites and Services, and Angi will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Sites and Services.
The Sites and Services may display links to other Internet sites or resources. Because Angi has no control over such sites and resources, you acknowledge and agree that Angi is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.
You further acknowledge and agree that Angi shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
18. INDEMNITY
You agree to indemnify, defend and hold harmless Angi, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of these Terms of Use by you; (b) the inaccurate or untruthful Content or other information provided by you to Angi or that you submit, transmit or otherwise make available through the Service; or (c) any intentional or willful violation of any rights of another or harm you may have caused to another. Angi will have sole control of the defense of any such damage or claim.
19. LIMITATIONS OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANGI WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ANGI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICE; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICE; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICE; (E) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY THROUGH THE SERVICE; (F) ANY OTHER MATTER RELATING TO THE SERVICE; (G) ANY BREACH OF THIS AGREEMENT BY ANGI OR THE FAILURE OF ANGI TO PROVIDE THE SERVICE UNDER THIS AGREEMENT OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY SERVICE PROVIDERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to You.
You understand and agree that Your unlimited access to the Content on the Website or in the Magazine represents a substantial portion of the value You receive from Your Angi’s Membership Fee. THEREFORE, TO THE EXTENT ANGI IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICE, ANGI’S LIABILITY FOR DAMAGES WILL NOT EXCEED THE EQUIVALENT OF ONE (1) MONTH OF YOUR MEMBERSHIP FEE (I.E., THE AMOUNT OF YOUR ANNUAL MEMBERSHIP FEE DIVIDED BY TWELVE).
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ANGI CONTRACTS WITH A THIRD PARTY TO PROCESS YOUR PAYMENT OF MEMBERSHIP FEES TO ANGI THROUGH THE USE OF A CREDIT CARD (A “CREDIT CARD PROCESSOR”). YOU UNDERSTAND AND AGREE THAT NEITHER A CREDIT CARD PROCESSOR NOR ANY OTHER PARTY INVOLVED IN THE CREDIT CARD PROCESSING PROCESS FOR ANGI, INCLUDING, BUT NOT LIMITED TO, THE COMPANY ISSUING THE CREDIT CARD TO YOU AND THE MERCHANT BANK (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL BE LIABLE FOR ANY DAMAGES (AS DEFINED HEREIN AND SUBJECT TO THE LIMITATIONS SET FORTH IN THIS SECTION SUFFERED BY YOU AS A RESULT OF THE FAILURE OF ANGI TO PROVIDE SERVICES TO YOU UNDER THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT BY ANGI. YOU HEREBY RELEASE EACH OF THE RELEASED PARTIES FROM ANY AND ALL DAMAGES YOU MAY SUFFER AS A RESULT OF THE FAILURE OF ANGI TO PROVIDE SERVICES TO YOU UNDER THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT BY ANGI. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FOR ANY AND ALL DAMAGES IT MAY SUFFER AS A RESULT OF YOUR BREACH OF THIS SECTION. YOU HEREBY UNDERSTAND AND AGREE THAT ANGI SHALL BE SOLELY LIABLE FOR THE PAYMENT OF ANY DAMAGES TO YOU UNDER THIS AGREEMENT.
20. BREACH OF TERMS OF USE AND LIQUIDATED DAMAGES
You understand that the content in each report or record on Angi has significant value to Angi and that the damage caused to Angi for any violation of these Terms of Use pertaining to a report or record will be difficult to accurately estimate. Thus, you shall be liable to pay us the following amounts as liquidated damages, and you agree that the liquidated damages are a reasonable estimate of Angi’s damages for the specified breaches of these Terms of Use:
If you post Content in violation of these Terms of Use, you agree to promptly pay Angi One Thousand Dollars ($1,000) for each item of Content posted in violation of these Terms of Use. We may (but shall not be required to) to issue you a warning before assessing damages.
If you display, copy, duplicate, reproduce, sell, re-sell or exploit for any purpose any Content in violation of these Terms of Use, you agree to pay One Hundred Dollars ($100) for each record or report that you displayed, copied, duplicated, reproduced, sold, re-sold or exploited for any purpose.
If you use computer programming routines that are intended to aggregate records or reports from the Sites and Services or otherwise damage, interfere with, disrupt, impair, disable or otherwise overburden the Sites and Services, you agree to pay One Hundred Dollars ($100) for each report or record that is aggregated, disrupted, damaged or otherwise affected by you.
Except as set forth in the foregoing subparagraphs (a) through (c), inclusive, you agree to pay the actual damages suffered by Angi, including, but not limited to attorneys’ fees and court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms of Use, we reserve the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms of Use, or any combination thereof.
21. ENTIRE AGREEMENT
These Terms of Use and other agreements, rules, and policies incorporated by reference to these Terms including, without limitation, the Privacy Policy, constitutes the entire agreement between you and Angi. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and Angi regarding the subject matter contained in these Terms of Use. Additional terms and conditions may exist between you and third parties, including but not limited to, Service Providers and others. You represent and warrant that those third-party agreements do not interfere with your obligations and duties to Angi under these Terms of Use.
22. MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and Angi, including without limitation any dispute or claim related to or arising out of this Agreement ("Dispute"), you and Angi may attempt to negotiate any Dispute informally (the "Informal Negotiations") before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this Section is your physical address that you have provided to Angi. Angi's address for such notices is: Angi, Inc., d/b/a Angi, Attn: Legal Department, 130 E. Washington St., Indianapolis, IN 46204.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and Angi agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration ("Arbitration Agreement"). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, Angi will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the "Class Action Waiver" described in Subsection (4) below.
- Excluded Disputes. You and Angi agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for injunctive relief.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. To fullest extent permitted by applicable law, You and Angi agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action ("Class Action Waiver"). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and Angi agree that if any portion of this Section entitled "Mutual Arbitration Agreement" is found illegal or unenforceable, that portion will be severed, and the remainder of this Section will be given full force and effect.
23. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, without giving effect to any choice or conflict of law provision or rule (either of the State of Indiana or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Indiana.
24. MISCELLANEOUS
If you breach any term of these Terms of Use or other agreement with Angi, Angi may pursue any legal or equitable remedy available, including but not limited to, direct, consequential, and punitive damages and injunctive relief. Angi’s remedies are cumulative and not exclusive. Failure of Angi to exercise any remedy or enforce any portion of the Terms of Use at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter.
If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
These Terms of Use are not assignable, transferable or sublicensable by you except with Angi’s prior written consent. We may transfer, assign or delegate the Terms and its rights and obligations without consent.
Users of this Sites and Services are responsible for compliance with all applicable regulations and laws.
No joint venture, partnership, employment or agency relationship exists between you and Angi as a result of these Terms of Use or use of the Sites and Services.
You acknowledge and agree that each of the Released Parties shall be an intended third-party beneficiary of these Terms of Use.
Effective August 5, 2021 to August 5, 2021
DownloadTable of Contents
Angi Terms of Use
Last updated on August 5, 2021
Angie’s List, Inc. d/b/a Angi (“Angi”) helps consumers research, hire, rate, and review a variety of service contractors and health related professionals (collectively, “Service Providers”). The following Terms of Use outline your obligations when using the Angi websites, mobile applications, and services.
1. ACCEPTANCE OF TERMS
The Angi website available at www.angieslist.com, the Angi mobile application, all related sites and mobile applications, and the various content, features, and services offered on and in connection with these sites and applications, including the Angi magazine (collectively, the “Sites and Services”) are owned and operated by Angi and can only be accessed and used by you under the Terms of Use described below (“Terms of Use”).
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING, DOWNLOADING, OR USING ANY OF THE SITES AND SERVICES, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS AND USE THE SITES AND SERVICES.
2. MODIFICATIONS OF TERMS OF USE
Angi may, in its sole discretion, modify these Terms of Use at any time effective upon posting the modified Terms of Use on and in connection with the Sites and Services, with or without additional notice to you. You are responsible for regularly reviewing information posted on the Sites and Services to obtain timely notice of such changes. If you do not agree to the amended terms, you agree to immediately stop using the Sites and Services and to provide Angi notice to remove you from any distribution lists or other communication list that are available to you through your use of the Sites and Services. YOUR CONTINUED USE OF THE SITE AND SERVICES AFTER SUCH POSTING (OR OTHER NOTIFICATION, IF ANY) MEANS YOU ACCEPT AND AGREE TO BE BOUND BY THE MODIFIED TERMS OF USE.
3. USE OF THE SITE AND SERVICES
Subject to full compliance with these Terms of Use, Angi grants authorized users a nonexclusive, nontransferable, non-sublicensable, terminable license to access and use the Sites and Services for your personal use. You agree to not access, reproduce, duplicate, copy, sell, re-sell, modify, distribute, transmit, or otherwise exploit the Sites or Services or any of their content for any purpose except for your personal use and as described in these Terms of Use, without the express written consent of Angi. Angi may modify, update, suspend or discontinue the Sites and Services, in whole or in part, at our sole discretion for any or no reason, at any time and with or without notice. Angi shall not be liable to any user or other third party for any such modification, update, suspension or discontinuance.
4. USER CONDUCT
As a condition of your access and use of the Sites and Services and your submission or access to any ratings, reviews, communications, information, data, text, photographs, audio clips, audiovisual works, or other materials on the Sites and Services (collectively, the “Content”), you agree not to use the Sites and Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Angi. By way of example, and not as a limitation, you agree not to:
- violate these Terms of Use, other applicable agreement with Angi, and any applicable local, state, national or international law, and any rules and regulations having the force of law;
- use the Sites and Services in any manner that violates any relevant law or that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any Content that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
- use the Sites and Services or its Content for any purposes not authorized by these Terms of Use, including commercial, political, or religious purposes, including the submission or transmission of any Content that contains advertisements, promotional materials, junk mail, or any other form of solicitation;
- reproduce, duplicate, copy, modify, sell, re-sell or exploit any Content or the Sites and Services for any commercial, educational, or any other non-personal purpose or any for any purpose unrelated to your personal purchasing decisions, without the express written consent of Angi, which consent may be withheld by Angi in our sole discretion;
- post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure, interfere or attempt to interfere with the proper working of the Sites and Services or any activities conducted on the Sites and Services;
- harass, threaten, intimidate, impersonate, or attempt to impersonate, any other person, falsify your contact or other information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Angi, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating;
- knowingly provide or submit false or misleading information;
- use the Sites and Services if you are under the age of eighteen (18);
- take any action that would undermine the review and rating process under the Sites and Services;
- attempt to gain unauthorized access to the Sites and Services, other user accounts, or other computer systems or networks connected to the Sites and Services;
- use the Sites and Services in any way that could interfere with the rights of Angi or the rights of other users of the Sites and Services;
- attempt to gain unauthorized access to any portion or feature of the Sites and Services, or any other systems or networks connected to the Sites and Services or to any server used by Angi by hacking, password ‘mining’ or any other illegitimate or unauthorized means, including attempting to obtain password, account, or any other personal or private information from any other Sites and Services user;
- sell, share, or otherwise transfer your account username, password, other information, or your rights or obligations under these Terms of Use;
- transmit or submit any transmission or other materials that are encrypted or that contains viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that is likely or intended to damage, interfere with, disrupt, impair, disable or otherwise overburden the Sites and Services;
- access, download, monitor, or copy any information contained on our Sites and Services through artificial means (including but not limited to use any ‘deep-link’, ‘scraper’, ‘robot’, ‘spider’ or other automatic device, program, algorithm or methodology, or any similar or equivalent automatic or manual process, or in any way reproduce or circumvent the navigational structure or presentation of the Sites and Services or any content, to obtain or attempt to obtain any Content, materials, documents or information through any means not purposely made available through the Sites and Services; or
- probe, scan or test the vulnerability of the Sites and Services or any network connected to the Sites and Services, nor breach the security or authentication measures on or of the Sites and Services or any network connected to the Sites and Services. You may not reverse look-up, trace or seek to trace any information on any other user of the Sites and Services, or any other customer of Angi, including any Angi account not owned by you, to its source, or exploit the Sites and Services or any service or information made available or offered by or through the Sites and Services, in any way where the purpose is to reveal any information, including but not limited to personal identification or information other than your own information, except as expressly authorized by Angi and provided for by the Sites and Services.
5. ANGI’S SERVICES
When using, accessing, or purchasing particular services or features of the Sites and Services, you shall be subject to any posted agreements, guidelines, or rules applicable to such services or features that may be posted from time to time. All such agreements, guidelines, or rules are hereby incorporated by reference into the Terms of Use.
6. REGISTRATION INFORMATION
We may require that you create an account to use or access certain parts of the Sites and Services and use certain products and features. We may require that you provide login information such as a username and password to access and utilize your account. As a condition of your use of the Sites and Service, you agree to (a) provide Angi with true, accurate, current and complete information as prompted by the Angi’s registration forms, when registering for or using the Sites and Services and (b) update and maintain the truthfulness, accuracy and completeness of such information. You are responsible for maintaining the confidentiality of any password or other account information not generally available to others and are fully responsible for all activities that occur under your username and password. While there are limited, legitimate reasons for creating multiple accounts, creating serial or overlapping accounts may result in account termination. Please contact us if you have questions about managing multiple accounts.
7. SUBMITTING CONTENT
As a condition of submitting any Content or other materials to the Sites or Services, you agree that:
- you grant to Angi a royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from, incorporate such Content into other works;
- you grant to Angi all rights necessary to publish or refrain from publishing your name and address in connection with your Content; sublicense through multiple tiers the Content, and acknowledge that this license cannot be terminated by you once your Content is submitted to the Sites and Services;
- you grant to Angi all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction, distribution, or exploitation of your Content by any other party;
- your name and report information may be made available to the public and to the Service Providers on which you report;
- you represent that you own or have secured all legal rights necessary for the Content submitted by you to be used by you, Angi, and others as described and otherwise contemplated in these Terms of Use;
- you represent and warrant that each person identified, depicted, or shown in in your Content, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the Content consistent with these Terms of Use;
- you are solely responsible for your reviews and ratings;
- Angi may, in its sole discretion, choose to remove or not to remove reviews and ratings once published;
- you will not submit any reviews that may be considered by Angi to be infringing, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, or otherwise violates any relevant law or right of any other party, or racially, ethnically or otherwise objectionable;
- all of your reviews and ratings will either be based upon (i) your actual first-hand experiences with the Service Providers you are reviewing or (ii) as provided below, an individual and that individual’s actual first-hand experience with a health care or wellness provider whereby you have the legal authority to disclose such health information and experience of such individual;
- all of your reviews and ratings of the Service Providers that you are rating will be accurate, honest, truthful, and complete in all respects;
- you do not work for, own any interest in or serve on the board of directors of, any of the Service Providers for which you submit reviews and ratings; you are not in any way related (by blood, adoption or marriage, if the Service Provider is an individual) to any of the Service Providers for which you submit reviews or ratings;
- you have not received any form of compensation to post reviews and ratings;
- you will submit thorough and thoughtful reviews of the Service Providers you review (for example, submitting a review describing a service contractor as “He/She is great.” Without additional commentary is not a thorough and thoughtful review);
- you will not submit reviews that comment on other users or the reviews of other users;
- you will not submit reviews with hyperlinks; or
- the reviews and ratings that you provide do not reflect the views of Angi, its officers, managers, owners, employees, agents, designees or other users.
8. PUBLICATION AND DISTRIBUTION OF CONTENT
Angi does not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted to or through the Service. You acknowledge that Angi simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of Content and for the publication and distribution of any content posted by Service Providers in response to Content (“Service Provider Content”). You understand that all Content and Service Provider Content posted on, transmitted through or linked through the Service, are the sole responsibility of the person from whom such Content originated. You understand that Angi does not control and is not responsible for Content or Service Provider Content made available through the Service, and that by using the Service, You may be exposed to Content that is inaccurate, misleading, or offensive. You agree that You must evaluate and make Your own judgment, and bear all risks associated with, the use of any Content and Service Provider Content.
You further acknowledge that Angi has no obligation to screen, preview, monitor or approve any Content or Service Provider Content, or Content posted or submitted by any other Angi member or any Service Provider. However, Angi reserves the right to review and delete any Content that, in its sole judgment, violates the terms and conditions of this Agreement. By using the Service, You agree that it is solely YOUR RESPONSIBILITY to evaluate Your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any Content that You submit, receive, access, transmit or otherwise convey through the Service. Under no circumstances will Angi be liable in any way for any Content or Service Provider Content, including, but not limited to, any Content or Service Provider Content that contains any errors, omissions, defamatory statements, or confidential or private information (including, but not limited to, health information) or for any loss or damage of any kind incurred as a result of the use of any Content or Service Provider Content submitted, accessed, transmitted or otherwise conveyed via the Service. You waive the right to bring or assert any claim against Angi relating to Content or Service Provider Content, and release Angi from any and all liability for or relating to any Content or Service Provider Content.
You may, however, report Content that you believe violates these Terms of Use or is otherwise unlawful by visiting Member Support (for copyright complaints, please see below). Please note that you may be liable for damages (including costs and attorneys’ fees) for unlawful misrepresentations. If you are uncertain whether an activity is unlawful, we recommend seeking advice of an attorney.
You agree that Angi may establish general practices, policies and limits, which may or may not be published, concerning the use of the Sites and Services, including without limitation, the time that reviews and ratings will be retained, the maximum number of reviews and ratings that may be sent from an account, the length of reviews and ratings sent, and the maximum number of times and the maximum duration for which you may access the Sites and Services in a given period of time. You agree that Angi has no responsibility or liability for the deletion or failure to store any Content or other materials maintained or transmitted by or through the Sites and Services. You agree that Angi has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
9. SERVICE PROVIDERS
Angi does not endorse and is not responsible or liable for any Content, data, advertising, products, goods or services available or unavailable from, or through, any third party or Service Provider (which includes, but is not limited to, health care and wellness providers). You agree that should you use or rely on such Content, data, advertisement, products, goods or services, available or unavailable from, or through any third party or Service Provider (which includes, but is not limited to, health care and wellness providers), Angi is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in promotions of any Service Provider (which includes, but is not limited to, health care and wellness providers), and any other terms, conditions, representations or warranties associated with such dealings, are between you and such Service Provider (which includes, but is not limited to, health care and wellness providers) exclusively and do not involve Angi. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging Service Providers (which includes, but is not limited to, health care and wellness providers).
Third parties and Service Providers may link or otherwise direct Internet users to our Sites and Services for the purpose of utilizing one or more of the services we provide on behalf of others. Additionally, we may provide links or otherwise direct you to third party or Service Provider websites. Angi does not control or operate any such third party or Service Provider websites. Any information you provide to these third party or Service Provider websites while on these third party or Service Provider websites is subject to the respective policies of those third parties or Service Providers, and not Angi’s policies. It is your responsibility to review such third party or Service Provider policies, including any relevant privacy policies. You agree that Angi will not be responsible or liable for, and does not endorse any content, advertising, goods or services provided on or through these outside websites or for your use or inability to use such websites. Angi does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give to any third party or Service Provider sites. You use these third party or Service Provider websites at your own risk.
You agree that Angi is not responsible for the accessibility or unavailability of any Service Provider (which includes, but is not limited to, health care and wellness providers) or for your interactions and dealings with them, waive the right to bring or assert any claim against Angi relating to any interactions or dealings with any Service Provider (which includes, but is not limited to, health care and wellness providers), and release Angi from any and all liability for or relating to any interactions or dealings with Service Providers (which includes, but is not limited to, health care and wellness providers).
Without limiting the foregoing, your correspondence or business dealings with, consumption of products or services of, or participation in promotions of, third parties or Service Providers found on or through the use of the Sites and Services, including payment for and delivery or fulfillment of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. You agree that Angi shall not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties or Service Providers on the Angi Sites and Services.
10. HEALTH RELATED PROVIDERS
The Sites and Services and its Content are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Sites and Services.
If you think you may have a medical emergency, call your doctor or 911 immediately. Angi does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Sites and Services. Angi is not a health or wellness provider and cannot recommend or refer you to any health or wellness provider. Reliance on any information provided by Angi, its employees and others appearing on the Sites and Services at the invitation of Angi, or other visitors to the Sites and Services is solely at your own risk.
The Sites and Services may contain health-related materials that are sexually explicit. If you find these materials offensive, should not use the Sites and Services. You should be aware that if you post any health-related information about yourself or anyone else on the Sites and Services, you do so at your own risk. If you post health information about services rendered to another individual, you represent that you have the legal authority to receive health information about that individual from that individual’s health care providers and that you have the legal authority to further disclose such health information. If you post health-related information, you will be placing it into the public domain which may violate federal or state laws that protect the privacy of health information. You also acknowledge that the health care or wellness provider about whom you submit Content may submit Content that contain your private or confidential health information in response to Content you submit. Angi is not liable for any such Content. Angi cannot be expected to keep your health information confidential if you post it to the Sites or Services or otherwise make it available to others.
11. TERMINATION
Angi may terminate your privilege to use or access the Sites and Services immediately and without notice for any reason whatsoever. Upon such termination, you must immediately cease accessing or using the Sites and Services and agree not access or make use of, or attempt to use, the Sites and Services. Furthermore, you acknowledge that Angi reserves the right to take action -- technical, legal or otherwise -- to block, nullify or deny your ability to access the Sites and Services. You understand that Angi may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to Angi.
All provisions of these Terms of Use which by their nature should survive termination shall survive the termination of your access to the Sites and Services, including, without limitation, provision regarding ownership, warranty disclaimers, indemnity, and limitations of liability.
12. NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California web users are entitled to the following specific consumer rights notice: The Services are provided by Angie’s List, Inc., d/b/a Angi 130 E. Washington St., Indianapolis, Indiana 46204. If You have any questions, concerns, or complaints regarding the Services, please contact Angi by either visiting Member Support or sending a letter, first class certified mail, to Angie’s List, Inc., d/b/a Angi, 130 East Washington, Indianapolis, Indiana 46204, Attn: Customer Care.
California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
13. TRADEMARKS AND COPYRIGHTS
Angi, and other Sites and Services graphics, logos, designs, page headers, button icons, scripts, and service names are the trademarks or trade dress of Angi in the U.S. and/or other countries. These trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, keyword advertisements, or email addresses, or in connection with any product or service in any manner that is likely to cause confusion.
You should assume all Content and material made available on the Sites and Services is protect by copyright law. Aside from user-submitted Content, all other materials and other information on the Sites and Services, including, but not limited to, all text, graphics, logos, icons, images, audio and video clips, downloads, data compilations and software are the exclusive property of Angi and/or its licensors and are protected by all United States and international copyright laws.
14. NOTICES
You agree that Angi may communicate any notices to You under these Terms of Use, through electronic mail, regular mail or posting the notices on the Site. All notices to Angi will be provided by sending a letter, first class certified mail, to Angie’s List, Inc. d/b/a Angi, 130 East Washington, Indianapolis, Indiana 46204, Attn: Customer Care. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.
In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), Angi will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is:
Angie’s List, Inc., d/b/a Angi
130 E. Washington St.
Indianapolis, IN 46204
Attn: Designated Agent
If You are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that Your work’s copyright or trademark has been infringed, please report Your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted;
- a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Angi will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
15. DELAYS AND ACCESSIBILITY
The Sites and Services may be subject to limitations, delays, failure, and other problems inherent in the use of the Internet and electronic communications. Angi is not responsible for any delays, failures or other damage resulting from such problems.
16. USER FEEDBACK
Angi appreciates hearing from you, as well as our other users, and welcomes your comments regarding our Sites and Services. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, or materials other than those which we have specifically requested. Although we do value your feedback on our Sites and Services, please be specific in your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts or other information (collectively, the “Submissions”), such Submissions will be the property of Angi. In addition, none of the Submissions will be subject to any obligations of confidentiality and Angi will not be liable for any future use or disclosure of such Submissions.
17. WARRANTIES AND DISCLAIMERS
You acknowledge that Angi has no control over, and no duty to take any action regarding: which users gain access to or use the Sites and Services; what effects the content on or in connection with the Sites and Services may have on you; how you may interpret or use the content on or in connection with the Sites and Services; or what actions you may take as a result of having been exposed to the content on or in connection with the Sites and Services. You release Angi from all liability for you having acquired or not acquired content or information through the Sites and Services. The Sites and Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Angi makes no representations concerning any content contained in or accessed through the Sites and Services, and Angi will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Sites and Services. Angi makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein.
YOU ACCESS AND USE THE SITES AND SERVICES AT YOUR OWN RISK. THE SITES AND SERVICES ARE PROVIDED ON AN ‘AS IS, AS AVAILABLE’ BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER ANGI NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON OR IN CONNECTION WITH THE SITES AND SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF ANGI, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO, OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. WE ARE NOT LIABLE FOR CRIMINAL, TORTUOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THE SITES AND SERVICES. IN NO EVENT WILL ANGI OR ANY OF ITS DIRECTORS, OFFICERS, AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD-PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTUOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL ANGI OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITES AND SERVICES.
ANY MATERIAL ACCESSED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ANGI OR THROUGH OR FROM THE SITES AND/OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, ANGI DOES NOT REPRESENT OR WARRANT THAT (I) THE SITES AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SITES AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES AND/OR SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, ANGI’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
ANGI SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND ANGI HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
Angi has no control over and no duty to take any action regarding: other users’ behavior; what effects Content may have on you; how you may interpret or use Content; or what actions you may take as a result of having been exposed to Content. You release Angi from all liability for you having acquired or not acquired Content through the Sites and Services. Angi makes no representations concerning any Content, including the accuracy thereof, contained in or accessed through the Sites and Services, and Angi will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Sites and Services.
The Sites and Services may display links to other Internet sites or resources. Because Angi has no control over such sites and resources, you acknowledge and agree that Angi is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.
You further acknowledge and agree that Angi shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
18. INDEMNITY
You agree to indemnify, defend and hold harmless Angi, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of these Terms of Use by you; (b) the inaccurate or untruthful Content or other information provided by you to Angi or that you submit, transmit or otherwise make available through the Service; or (c) any intentional or willful violation of any rights of another or harm you may have caused to another. Angi will have sole control of the defense of any such damage or claim.
19. LIMITATIONS OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANGI WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ANGI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICE; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICE; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICE; (E) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY THROUGH THE SERVICE; (F) ANY OTHER MATTER RELATING TO THE SERVICE; (G) ANY BREACH OF THIS AGREEMENT BY ANGI OR THE FAILURE OF ANGI TO PROVIDE THE SERVICE UNDER THIS AGREEMENT OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY SERVICE PROVIDERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to You.
You understand and agree that Your unlimited access to the Content on the Website or in the Magazine represents a substantial portion of the value You receive from Your Angi’s Membership Fee. THEREFORE, TO THE EXTENT ANGI IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICE, ANGI’S LIABILITY FOR DAMAGES WILL NOT EXCEED THE EQUIVALENT OF ONE (1) MONTH OF YOUR MEMBERSHIP FEE (I.E., THE AMOUNT OF YOUR ANNUAL MEMBERSHIP FEE DIVIDED BY TWELVE).
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ANGI CONTRACTS WITH A THIRD PARTY TO PROCESS YOUR PAYMENT OF MEMBERSHIP FEES TO ANGI THROUGH THE USE OF A CREDIT CARD (A “CREDIT CARD PROCESSOR”). YOU UNDERSTAND AND AGREE THAT NEITHER A CREDIT CARD PROCESSOR NOR ANY OTHER PARTY INVOLVED IN THE CREDIT CARD PROCESSING PROCESS FOR ANGI, INCLUDING, BUT NOT LIMITED TO, THE COMPANY ISSUING THE CREDIT CARD TO YOU AND THE MERCHANT BANK (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL BE LIABLE FOR ANY DAMAGES (AS DEFINED HEREIN AND SUBJECT TO THE LIMITATIONS SET FORTH IN THIS SECTION SUFFERED BY YOU AS A RESULT OF THE FAILURE OF ANGI TO PROVIDE SERVICES TO YOU UNDER THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT BY ANGI. YOU HEREBY RELEASE EACH OF THE RELEASED PARTIES FROM ANY AND ALL DAMAGES YOU MAY SUFFER AS A RESULT OF THE FAILURE OF ANGI TO PROVIDE SERVICES TO YOU UNDER THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT BY ANGI. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FOR ANY AND ALL DAMAGES IT MAY SUFFER AS A RESULT OF YOUR BREACH OF THIS SECTION. YOU HEREBY UNDERSTAND AND AGREE THAT ANGI SHALL BE SOLELY LIABLE FOR THE PAYMENT OF ANY DAMAGES TO YOU UNDER THIS AGREEMENT.
20. BREACH OF TERMS OF USE AND LIQUIDATED DAMAGES
You understand that the content in each report or record on Angi has significant value to Angi and that the damage caused to Angi for any violation of these Terms of Use pertaining to a report or record will be difficult to accurately estimate. Thus, you shall be liable to pay us the following amounts as liquidated damages, and you agree that the liquidated damages are a reasonable estimate of Angi’s damages for the specified breaches of these Terms of Use:
If you post Content in violation of these Terms of Use, you agree to promptly pay Angi One Thousand Dollars ($1,000) for each item of Content posted in violation of these Terms of Use. We may (but shall not be required to) to issue you a warning before assessing damages.
If you display, copy, duplicate, reproduce, sell, re-sell or exploit for any purpose any Content in violation of these Terms of Use, you agree to pay One Hundred Dollars ($100) for each record or report that you displayed, copied, duplicated, reproduced, sold, re-sold or exploited for any purpose.
If you use computer programming routines that are intended to aggregate records or reports from the Sites and Services or otherwise damage, interfere with, disrupt, impair, disable or otherwise overburden the Sites and Services, you agree to pay One Hundred Dollars ($100) for each report or record that is aggregated, disrupted, damaged or otherwise affected by you.
Except as set forth in the foregoing subparagraphs (a) through (c), inclusive, you agree to pay the actual damages suffered by Angi, including, but not limited to attorneys’ fees and court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms of Use, we reserve the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms of Use, or any combination thereof.
21. ENTIRE AGREEMENT
These Terms of Use and other agreements, rules, and policies incorporated by reference to these Terms including, without limitation, the Privacy Policy, constitutes the entire agreement between you and Angi. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and Angi regarding the subject matter contained in these Terms of Use. Additional terms and conditions may exist between you and third parties, including but not limited to, Service Providers and others. You represent and warrant that those third-party agreements do not interfere with your obligations and duties to Angi under these Terms of Use.
22. MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and Angi, including without limitation any dispute or claim related to or arising out of this Agreement ("Dispute"), you and Angi may attempt to negotiate any Dispute informally (the "Informal Negotiations") before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this Section is your physical address that you have provided to Angi. Angi's address for such notices is: Angi, Inc., d/b/a Angi, Attn: Legal Department, 130 E. Washington St., Indianapolis, IN 46204.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and Angi agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration ("Arbitration Agreement"). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, Angi will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the "Class Action Waiver" described in Subsection (4) below.
- Excluded Disputes. You and Angi agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for injunctive relief.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. To fullest extent permitted by applicable law, You and Angi agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action ("Class Action Waiver"). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and Angi agree that if any portion of this Section entitled "Mutual Arbitration Agreement" is found illegal or unenforceable, that portion will be severed, and the remainder of this Section will be given full force and effect.
23. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, without giving effect to any choice or conflict of law provision or rule (either of the State of Indiana or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Indiana. You agree and consent to the exclusive jurisdiction of the state or federal courts located in Marion County, Indiana and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court.
24. MISCELLANEOUS
If you breach any term of these Terms of Use or other agreement with Angi, Angi may pursue any legal or equitable remedy available, including but not limited to, direct, consequential, and punitive damages and injunctive relief. Angi’s remedies are cumulative and not exclusive. Failure of Angi to exercise any remedy or enforce any portion of the Terms of Use at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter.
If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
These Terms of Use are not assignable, transferable or sublicensable by you except with Angi’s prior written consent. We may transfer, assign or delegate the Terms and its rights and obligations without consent.
Users of this Sites and Services are responsible for compliance with all applicable regulations and laws.
No joint venture, partnership, employment or agency relationship exists between you and Angi as a result of these Terms of Use or use of the Sites and Services.
You acknowledge and agree that each of the Released Parties shall be an intended third-party beneficiary of these Terms of Use.
Effective March 17, 2021 to August 5, 2021
DownloadTable of Contents
Angi Terms of Use
Last updated on March 17, 2021
Angie’s List, Inc. d/b/a Angi (“Angi”) helps consumers research, hire, rate, and review a variety of service contractors and health related professionals (collectively, “Service Providers”). The following Terms of Use outline your obligations when using the Angi websites, mobile applications, and services.
1. ACCEPTANCE OF TERMS
The Angi website available at www.angieslist.com, the Angi mobile application, all related sites and mobile applications, and the various content, features, and services offered on and in connection with these sites and applications, including the Angi magazine (collectively, the “Sites and Services”) are owned and operated by Angi and can only be accessed and used by you under the Terms of Use described below (“Terms of Use”).
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING, DOWNLOADING, OR USING ANY OF THE SITES AND SERVICES, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS AND USE THE SITES AND SERVICES.
2. MODIFICATIONS OF TERMS OF USE
Angi may, in its sole discretion, modify these Terms of Use at any time effective upon posting the modified Terms of Use on and in connection with the Sites and Services, with or without additional notice to you. You are responsible for regularly reviewing information posted on the Sites and Services to obtain timely notice of such changes. If you do not agree to the amended terms, you agree to immediately stop using the Sites and Services and to provide Angi notice to remove you from any distribution lists or other communication list that are available to you through your use of the Sites and Services. YOUR CONTINUED USE OF THE SITE AND SERVICES AFTER SUCH POSTING (OR OTHER NOTIFICATION, IF ANY) MEANS YOU ACCEPT AND AGREE TO BE BOUND BY THE MODIFIED TERMS OF USE.
3. USE OF THE SITE AND SERVICES
Subject to full compliance with these Terms of Use, Angi grants authorized users a nonexclusive, nontransferable, non-sublicensable, terminable license to access and use the Sites and Services for your personal use. You agree to not access, reproduce, duplicate, copy, sell, re-sell, modify, distribute, transmit, or otherwise exploit the Sites or Services or any of their content for any purpose except for your personal use and as described in these Terms of Use, without the express written consent of Angi. Angi may modify, update, suspend or discontinue the Sites and Services, in whole or in part, at our sole discretion for any or no reason, at any time and with or without notice. Angi shall not be liable to any user or other third party for any such modification, update, suspension or discontinuance.
4. USER CONDUCT
As a condition of your access and use of the Sites and Services and your submission or access to any ratings, reviews, communications, information, data, text, photographs, audio clips, audiovisual works, or other materials on the Sites and Services (collectively, the “Content”), you agree not to use the Sites and Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Angi. By way of example, and not as a limitation, you agree not to:
- violate these Terms of Use, other applicable agreement with Angi, and any applicable local, state, national or international law, and any rules and regulations having the force of law;
- use the Sites and Services in any manner that violates any relevant law or that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any Content that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
- use the Sites and Services or its Content for any purposes not authorized by these Terms of Use, including commercial, political, or religious purposes, including the submission or transmission of any Content that contains advertisements, promotional materials, junk mail, or any other form of solicitation;
- reproduce, duplicate, copy, modify, sell, re-sell or exploit any Content or the Sites and Services for any commercial, educational, or any other non-personal purpose or any for any purpose unrelated to your personal purchasing decisions, without the express written consent of Angi, which consent may be withheld by Angi in our sole discretion;
- post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure, interfere or attempt to interfere with the proper working of the Sites and Services or any activities conducted on the Sites and Services;
- harass, threaten, intimidate, impersonate, or attempt to impersonate, any other person, falsify your contact or other information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Angi, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating;
- knowingly provide or submit false or misleading information;
- use the Sites and Services if you are under the age of eighteen (18);
- take any action that would undermine the review and rating process under the Sites and Services;
- attempt to gain unauthorized access to the Sites and Services, other user accounts, or other computer systems or networks connected to the Sites and Services;
- use the Sites and Services in any way that could interfere with the rights of Angi or the rights of other users of the Sites and Services;
- attempt to gain unauthorized access to any portion or feature of the Sites and Services, or any other systems or networks connected to the Sites and Services or to any server used by Angi by hacking, password ‘mining’ or any other illegitimate or unauthorized means, including attempting to obtain password, account, or any other personal or private information from any other Sites and Services user;
- sell, share, or otherwise transfer your account username, password, other information, or your rights or obligations under these Terms of Use;
- transmit or submit any transmission or other materials that are encrypted or that contains viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that is likely or intended to damage, interfere with, disrupt, impair, disable or otherwise overburden the Sites and Services;
- access, download, monitor, or copy any information contained on our Sites and Services through artificial means (including but not limited to use any ‘deep-link’, ‘scraper’, ‘robot’, ‘spider’ or other automatic device, program, algorithm or methodology, or any similar or equivalent automatic or manual process, or in any way reproduce or circumvent the navigational structure or presentation of the Sites and Services or any content, to obtain or attempt to obtain any Content, materials, documents or information through any means not purposely made available through the Sites and Services; or
- probe, scan or test the vulnerability of the Sites and Services or any network connected to the Sites and Services, nor breach the security or authentication measures on or of the Sites and Services or any network connected to the Sites and Services. You may not reverse look-up, trace or seek to trace any information on any other user of the Sites and Services, or any other customer of Angi, including any Angi account not owned by you, to its source, or exploit the Sites and Services or any service or information made available or offered by or through the Sites and Services, in any way where the purpose is to reveal any information, including but not limited to personal identification or information other than your own information, except as expressly authorized by Angi and provided for by the Sites and Services.
5. ANGI’S SERVICES
When using, accessing, or purchasing particular services or features of the Sites and Services, you shall be subject to any posted agreements, guidelines, or rules applicable to such services or features that may be posted from time to time. All such agreements, guidelines, or rules are hereby incorporated by reference into the Terms of Use.
6. REGISTRATION INFORMATION
We may require that you create an account to use or access certain parts of the Sites and Services and use certain products and features. We may require that you provide login information such as a username and password to access and utilize your account. As a condition of your use of the Sites and Service, you agree to (a) provide Angi with true, accurate, current and complete information as prompted by the Angi’s registration forms, when registering for or using the Sites and Services and (b) update and maintain the truthfulness, accuracy and completeness of such information. You are responsible for maintaining the confidentiality of any password or other account information not generally available to others and are fully responsible for all activities that occur under your username and password. While there are limited, legitimate reasons for creating multiple accounts, creating serial or overlapping accounts may result in account termination. Please contact us if you have questions about managing multiple accounts.
7. SUBMITTING CONTENT
As a condition of submitting any Content or other materials to the Sites or Services, you agree that:
- you grant to Angi a royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from, incorporate such Content into other works;
- you grant to Angi all rights necessary to publish or refrain from publishing your name and address in connection with your Content; sublicense through multiple tiers the Content, and acknowledge that this license cannot be terminated by you once your Content is submitted to the Sites and Services;
- you grant to Angi all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction, distribution, or exploitation of your Content by any other party;
- your name and report information may be made available to the public and to the Service Providers on which you report;
- you represent that you own or have secured all legal rights necessary for the Content submitted by you to be used by you, Angi, and others as described and otherwise contemplated in these Terms of Use;
- you represent and warrant that each person identified, depicted, or shown in in your Content, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the Content consistent with these Terms of Use;
- you are solely responsible for your reviews and ratings;
- Angi may, in its sole discretion, choose to remove or not to remove reviews and ratings once published;
- you will not submit any reviews that may be considered by Angi to be infringing, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, or otherwise violates any relevant law or right of any other party, or racially, ethnically or otherwise objectionable;
- all of your reviews and ratings will either be based upon (i) your actual first-hand experiences with the Service Providers you are reviewing or (ii) as provided below, an individual and that individual’s actual first-hand experience with a health care or wellness provider whereby you have the legal authority to disclose such health information and experience of such individual;
- all of your reviews and ratings of the Service Providers that you are rating will be accurate, honest, truthful, and complete in all respects;
- you do not work for, own any interest in or serve on the board of directors of, any of the Service Providers for which you submit reviews and ratings; you are not in any way related (by blood, adoption or marriage, if the Service Provider is an individual) to any of the Service Providers for which you submit reviews or ratings;
- you have not received any form of compensation to post reviews and ratings;
- you will submit thorough and thoughtful reviews of the Service Providers you review (for example, submitting a review describing a service contractor as “He/She is great.” Without additional commentary is not a thorough and thoughtful review);
- you will not submit reviews that comment on other users or the reviews of other users;
- you will not submit reviews with hyperlinks; or
- the reviews and ratings that you provide do not reflect the views of Angi, its officers, managers, owners, employees, agents, designees or other users.
8. PUBLICATION AND DISTRIBUTION OF CONTENT
Angi does not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted to or through the Service. You acknowledge that Angi simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of Content and for the publication and distribution of any content posted by Service Providers in response to Content (“Service Provider Content”). You understand that all Content and Service Provider Content posted on, transmitted through or linked through the Service, are the sole responsibility of the person from whom such Content originated. You understand that Angi does not control and is not responsible for Content or Service Provider Content made available through the Service, and that by using the Service, You may be exposed to Content that is inaccurate, misleading, or offensive. You agree that You must evaluate and make Your own judgment, and bear all risks associated with, the use of any Content and Service Provider Content.
You further acknowledge that Angi has no obligation to screen, preview, monitor or approve any Content or Service Provider Content, or Content posted or submitted by any other Angi member or any Service Provider. However, Angi reserves the right to review and delete any Content that, in its sole judgment, violates the terms and conditions of this Agreement. By using the Service, You agree that it is solely YOUR RESPONSIBILITY to evaluate Your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any Content that You submit, receive, access, transmit or otherwise convey through the Service. Under no circumstances will Angi be liable in any way for any Content or Service Provider Content, including, but not limited to, any Content or Service Provider Content that contains any errors, omissions, defamatory statements, or confidential or private information (including, but not limited to, health information) or for any loss or damage of any kind incurred as a result of the use of any Content or Service Provider Content submitted, accessed, transmitted or otherwise conveyed via the Service. You waive the right to bring or assert any claim against Angi relating to Content or Service Provider Content, and release Angi from any and all liability for or relating to any Content or Service Provider Content.
You may, however, report Content that you believe violates these Terms of Use or is otherwise unlawful by visiting Member Support (for copyright complaints, please see below). Please note that you may be liable for damages (including costs and attorneys’ fees) for unlawful misrepresentations. If you are uncertain whether an activity is unlawful, we recommend seeking advice of an attorney.
You agree that Angi may establish general practices, policies and limits, which may or may not be published, concerning the use of the Sites and Services, including without limitation, the time that reviews and ratings will be retained, the maximum number of reviews and ratings that may be sent from an account, the length of reviews and ratings sent, and the maximum number of times and the maximum duration for which you may access the Sites and Services in a given period of time. You agree that Angi has no responsibility or liability for the deletion or failure to store any Content or other materials maintained or transmitted by or through the Sites and Services. You agree that Angi has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
9. SERVICE PROVIDERS
Angi does not endorse and is not responsible or liable for any Content, data, advertising, products, goods or services available or unavailable from, or through, any third party or Service Provider (which includes, but is not limited to, health care and wellness providers). You agree that should you use or rely on such Content, data, advertisement, products, goods or services, available or unavailable from, or through any third party or Service Provider (which includes, but is not limited to, health care and wellness providers), Angi is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in promotions of any Service Provider (which includes, but is not limited to, health care and wellness providers), and any other terms, conditions, representations or warranties associated with such dealings, are between you and such Service Provider (which includes, but is not limited to, health care and wellness providers) exclusively and do not involve Angi. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging Service Providers (which includes, but is not limited to, health care and wellness providers).
Third parties and Service Providers may link or otherwise direct Internet users to our Sites and Services for the purpose of utilizing one or more of the services we provide on behalf of others. Additionally, we may provide links or otherwise direct you to third party or Service Provider websites. Angi does not control or operate any such third party or Service Provider websites. Any information you provide to these third party or Service Provider websites while on these third party or Service Provider websites is subject to the respective policies of those third parties or Service Providers, and not Angi’s policies. It is your responsibility to review such third party or Service Provider policies, including any relevant privacy policies. You agree that Angi will not be responsible or liable for, and does not endorse any content, advertising, goods or services provided on or through these outside websites or for your use or inability to use such websites. Angi does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give to any third party or Service Provider sites. You use these third party or Service Provider websites at your own risk.
You agree that Angi is not responsible for the accessibility or unavailability of any Service Provider (which includes, but is not limited to, health care and wellness providers) or for your interactions and dealings with them, waive the right to bring or assert any claim against Angi relating to any interactions or dealings with any Service Provider (which includes, but is not limited to, health care and wellness providers), and release Angi from any and all liability for or relating to any interactions or dealings with Service Providers (which includes, but is not limited to, health care and wellness providers).
Without limiting the foregoing, your correspondence or business dealings with, consumption of products or services of, or participation in promotions of, third parties or Service Providers found on or through the use of the Sites and Services, including payment for and delivery or fulfillment of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. You agree that Angi shall not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties or Service Providers on the Angi Sites and Services.
10. HEALTH RELATED PROVIDERS
The Sites and Services and its Content are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Sites and Services.
If you think you may have a medical emergency, call your doctor or 911 immediately. Angi does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Sites and Services. Angi is not a health or wellness provider and cannot recommend or refer you to any health or wellness provider. Reliance on any information provided by Angi, its employees and others appearing on the Sites and Services at the invitation of Angi, or other visitors to the Sites and Services is solely at your own risk.
The Sites and Services may contain health-related materials that are sexually explicit. If you find these materials offensive, should not use the Sites and Services. You should be aware that if you post any health-related information about yourself or anyone else on the Sites and Services, you do so at your own risk. If you post health information about services rendered to another individual, you represent that you have the legal authority to receive health information about that individual from that individual’s health care providers and that you have the legal authority to further disclose such health information. If you post health-related information, you will be placing it into the public domain which may violate federal or state laws that protect the privacy of health information. You also acknowledge that the health care or wellness provider about whom you submit Content may submit Content that contain your private or confidential health information in response to Content you submit. Angi is not liable for any such Content. Angi cannot be expected to keep your health information confidential if you post it to the Sites or Services or otherwise make it available to others.
11. TERMINATION
Angi may terminate your privilege to use or access the Sites and Services immediately and without notice for any reason whatsoever. Upon such termination, you must immediately cease accessing or using the Sites and Services and agree not access or make use of, or attempt to use, the Sites and Services. Furthermore, you acknowledge that Angi reserves the right to take action -- technical, legal or otherwise -- to block, nullify or deny your ability to access the Sites and Services. You understand that Angi may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to Angi.
All provisions of these Terms of Use which by their nature should survive termination shall survive the termination of your access to the Sites and Services, including, without limitation, provision regarding ownership, warranty disclaimers, indemnity, and limitations of liability.
12. NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California web users are entitled to the following specific consumer rights notice: The Services are provided by Angie’s List, Inc., d/b/a Angi 130 E. Washington St., Indianapolis, Indiana 46204. If You have any questions, concerns, or complaints regarding the Services, please contact Angi by either visiting Member Support or sending a letter, first class certified mail, to Angie’s List, Inc., d/b/a Angi, 130 East Washington, Indianapolis, Indiana 46204, Attn: Customer Care.
California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
13. TRADEMARKS AND COPYRIGHTS
Angi, and other Sites and Services graphics, logos, designs, page headers, button icons, scripts, and service names are the trademarks or trade dress of Angi in the U.S. and/or other countries. These trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, keyword advertisements, or email addresses, or in connection with any product or service in any manner that is likely to cause confusion.
You should assume all Content and material made available on the Sites and Services is protect by copyright law. Aside from user-submitted Content, all other materials and other information on the Sites and Services, including, but not limited to, all text, graphics, logos, icons, images, audio and video clips, downloads, data compilations and software are the exclusive property of Angi and/or its licensors and are protected by all United States and international copyright laws.
14. NOTICES
You agree that Angi may communicate any notices to You under these Terms of Use, through electronic mail, regular mail or posting the notices on the Site. All notices to Angi will be provided by sending a letter, first class certified mail, to Angie’s List, Inc. d/b/a Angi, 130 East Washington, Indianapolis, Indiana 46204, Attn: Customer Care. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.
In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), Angi will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is:
Angie’s List, Inc., d/b/a Angi
130 E. Washington St.
Indianapolis, IN 46204
Attn: Designated Agent
If You are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that Your work’s copyright or trademark has been infringed, please report Your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted;
- a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Angi will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
15. DELAYS AND ACCESSIBILITY
The Sites and Services may be subject to limitations, delays, failure, and other problems inherent in the use of the Internet and electronic communications. Angi is not responsible for any delays, failures or other damage resulting from such problems.
16. USER FEEDBACK
Angi appreciates hearing from you, as well as our other users, and welcomes your comments regarding our Sites and Services. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, or materials other than those which we have specifically requested. Although we do value your feedback on our Sites and Services, please be specific in your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts or other information (collectively, the “Submissions”), such Submissions will be the property of Angi. In addition, none of the Submissions will be subject to any obligations of confidentiality and Angi will not be liable for any future use or disclosure of such Submissions.
17. WARRANTIES AND DISCLAIMERS
You acknowledge that Angi has no control over, and no duty to take any action regarding: which users gain access to or use the Sites and Services; what effects the content on or in connection with the Sites and Services may have on you; how you may interpret or use the content on or in connection with the Sites and Services; or what actions you may take as a result of having been exposed to the content on or in connection with the Sites and Services. You release Angi from all liability for you having acquired or not acquired content or information through the Sites and Services. The Sites and Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Angi makes no representations concerning any content contained in or accessed through the Sites and Services, and Angi will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Sites and Services. Angi makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein.
YOU ACCESS AND USE THE SITES AND SERVICES AT YOUR OWN RISK. THE SITES AND SERVICES ARE PROVIDED ON AN ‘AS IS, AS AVAILABLE’ BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER ANGI NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON OR IN CONNECTION WITH THE SITES AND SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF ANGI, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO, OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. WE ARE NOT LIABLE FOR CRIMINAL, TORTUOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THE SITES AND SERVICES. IN NO EVENT WILL ANGI OR ANY OF ITS DIRECTORS, OFFICERS, AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD-PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTUOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL ANGI OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITES AND SERVICES.
ANY MATERIAL ACCESSED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ANGI OR THROUGH OR FROM THE SITES AND/OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, ANGI DOES NOT REPRESENT OR WARRANT THAT (I) THE SITES AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SITES AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES AND/OR SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, ANGI’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
ANGI SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND ANGI HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
Angi has no control over and no duty to take any action regarding: other users’ behavior; what effects Content may have on you; how you may interpret or use Content; or what actions you may take as a result of having been exposed to Content. You release Angi from all liability for you having acquired or not acquired Content through the Sites and Services. Angi makes no representations concerning any Content, including the accuracy thereof, contained in or accessed through the Sites and Services, and Angi will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Sites and Services.
The Sites and Services may display links to other Internet sites or resources. Because Angi has no control over such sites and resources, you acknowledge and agree that Angi is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.
You further acknowledge and agree that Angi shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
18. INDEMNITY
You agree to indemnify, defend and hold harmless Angi, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of these Terms of Use by you; (b) the inaccurate or untruthful Content or other information provided by you to Angi or that you submit, transmit or otherwise make available through the Service; or (c) any intentional or willful violation of any rights of another or harm you may have caused to another. Angi will have sole control of the defense of any such damage or claim.
19. LIMITATIONS OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANGI WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ANGI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICE; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICE; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICE; (E) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY THROUGH THE SERVICE; (F) ANY OTHER MATTER RELATING TO THE SERVICE; (G) ANY BREACH OF THIS AGREEMENT BY ANGI OR THE FAILURE OF ANGI TO PROVIDE THE SERVICE UNDER THIS AGREEMENT OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY SERVICE PROVIDERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to You.
You understand and agree that Your unlimited access to the Content on the Website or in the Magazine represents a substantial portion of the value You receive from Your Angi’s Membership Fee. THEREFORE, TO THE EXTENT ANGI IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICE, ANGI’S LIABILITY FOR DAMAGES WILL NOT EXCEED THE EQUIVALENT OF ONE (1) MONTH OF YOUR MEMBERSHIP FEE (I.E., THE AMOUNT OF YOUR ANNUAL MEMBERSHIP FEE DIVIDED BY TWELVE).
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ANGI CONTRACTS WITH A THIRD PARTY TO PROCESS YOUR PAYMENT OF MEMBERSHIP FEES TO ANGI THROUGH THE USE OF A CREDIT CARD (A “CREDIT CARD PROCESSOR”). YOU UNDERSTAND AND AGREE THAT NEITHER A CREDIT CARD PROCESSOR NOR ANY OTHER PARTY INVOLVED IN THE CREDIT CARD PROCESSING PROCESS FOR ANGI, INCLUDING, BUT NOT LIMITED TO, THE COMPANY ISSUING THE CREDIT CARD TO YOU AND THE MERCHANT BANK (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL BE LIABLE FOR ANY DAMAGES (AS DEFINED HEREIN AND SUBJECT TO THE LIMITATIONS SET FORTH IN THIS SECTION SUFFERED BY YOU AS A RESULT OF THE FAILURE OF ANGI TO PROVIDE SERVICES TO YOU UNDER THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT BY ANGI. YOU HEREBY RELEASE EACH OF THE RELEASED PARTIES FROM ANY AND ALL DAMAGES YOU MAY SUFFER AS A RESULT OF THE FAILURE OF ANGI TO PROVIDE SERVICES TO YOU UNDER THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT BY ANGI. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FOR ANY AND ALL DAMAGES IT MAY SUFFER AS A RESULT OF YOUR BREACH OF THIS SECTION. YOU HEREBY UNDERSTAND AND AGREE THAT ANGI SHALL BE SOLELY LIABLE FOR THE PAYMENT OF ANY DAMAGES TO YOU UNDER THIS AGREEMENT.
20. BREACH OF TERMS OF USE AND LIQUIDATED DAMAGES
You understand that the content in each report or record on Angi has significant value to Angi and that the damage caused to Angi for any violation of these Terms of Use pertaining to a report or record will be difficult to accurately estimate. Thus, you shall be liable to pay us the following amounts as liquidated damages, and you agree that the liquidated damages are a reasonable estimate of Angi’s damages for the specified breaches of these Terms of Use:
If you post Content in violation of these Terms of Use, you agree to promptly pay Angi One Thousand Dollars ($1,000) for each item of Content posted in violation of these Terms of Use. We may (but shall not be required to) to issue you a warning before assessing damages.
If you display, copy, duplicate, reproduce, sell, re-sell or exploit for any purpose any Content in violation of these Terms of Use, you agree to pay One Hundred Dollars ($100) for each record or report that you displayed, copied, duplicated, reproduced, sold, re-sold or exploited for any purpose.
If you use computer programming routines that are intended to aggregate records or reports from the Sites and Services or otherwise damage, interfere with, disrupt, impair, disable or otherwise overburden the Sites and Services, you agree to pay One Hundred Dollars ($100) for each report or record that is aggregated, disrupted, damaged or otherwise affected by you.
Except as set forth in the foregoing subparagraphs (a) through (c), inclusive, you agree to pay the actual damages suffered by Angi, including, but not limited to attorneys’ fees and court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms of Use, we reserve the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms of Use, or any combination thereof.
21. ENTIRE AGREEMENT
These Terms of Use and other agreements, rules, and policies incorporated by reference to these Terms including, without limitation, the Privacy Policy, constitutes the entire agreement between you and Angi. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and Angi regarding the subject matter contained in these Terms of Use. Additional terms and conditions may exist between you and third parties, including but not limited to, Service Providers and others. You represent and warrant that those third-party agreements do not interfere with your obligations and duties to Angi under these Terms of Use.
22. MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and Angi, including without limitation any dispute or claim related to or arising out of this Agreement ("Dispute"), you and Angi may attempt to negotiate any Dispute informally (the "Informal Negotiations") before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this Section is your physical address that you have provided to Angi. Angi's address for such notices is: Angi, Inc., d/b/a Angi, Attn: Legal Department, 130 E. Washington St., Indianapolis, IN 46204.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and Angi agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration ("Arbitration Agreement"). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, Angi will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the "Class Action Waiver" described in Subsection (4) below.
- Excluded Disputes. You and Angi agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for injunctive relief.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. To fullest extent permitted by applicable law, You and Angi agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action ("Class Action Waiver"). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and Angi agree that if any portion of this Section entitled "Mutual Arbitration Agreement" is found illegal or unenforceable, that portion will be severed, and the remainder of this Section will be given full force and effect.
23. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, without giving effect to any choice or conflict of law provision or rule (either of the State of Indiana or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Indiana.
24. MISCELLANEOUS
If you breach any term of these Terms of Use or other agreement with Angi, Angi may pursue any legal or equitable remedy available, including but not limited to, direct, consequential, and punitive damages and injunctive relief. Angi’s remedies are cumulative and not exclusive. Failure of Angi to exercise any remedy or enforce any portion of the Terms of Use at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter.
If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
These Terms of Use are not assignable, transferable or sublicensable by you except with Angi’s prior written consent. We may transfer, assign or delegate the Terms and its rights and obligations without consent.
Users of this Sites and Services are responsible for compliance with all applicable regulations and laws.
No joint venture, partnership, employment or agency relationship exists between you and Angi as a result of these Terms of Use or use of the Sites and Services.
You acknowledge and agree that each of the Released Parties shall be an intended third-party beneficiary of these Terms of Use.
Effective September 21, 2020 to March 17, 2021
DownloadTable of Contents
Angie’s List Terms of Use
Last Updated: September 21, 2020
Angie’s List, Inc. (“Angie’s List”) helps consumers research, hire, rate, and review a variety of service contractors and health related professionals (collectively, “Service Providers”). The following Terms of Use outline your obligations when using the Angie’s List websites, mobile applications, and services.
ACCEPTANCE OF TERMS
The Angie’s List Internet site available at www.angieslist.com, the Angie’s List mobile application, all related sites and mobile applications, and the various content, features, and services offered on and in connection with these sites and applications, including the Angie’s List magazine (collectively, the “Sites and Services”) are owned and operated by Angie’s List and can only be accessed and used by you under the Terms of Use described below (“Terms of Use”).
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING, DOWNLOADING, OR USING ANY OF THE SITES AND SERVICES, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS AND USE THE SITES AND SERVICES.
MODIFICATIONS OF TERMS OF USE
Angie’s List may, in its sole discretion, modify these Terms of Use at any time effective upon posting the modified Terms of Use on and in connection with the Sites and Services, with or without additional notice to you. You are responsible for regularly reviewing information posted on the Sites and Services to obtain timely notice of such changes. If you do not agree to the amended terms, you agree to immediately stop using the Sites and Services and to provide Angie’s List notice to remove you from any distribution lists or other communication list that are available to you through your use of the Sites and Services. YOUR CONTINUED USE OF THE SITE AND SERVICES AFTER SUCH POSTING (OR OTHER NOTIFICATION, IF ANY) MEANS YOU ACCEPT AND AGREE TO BE BOUND BY THE MODIFIED TERMS OF USE.
USE OF THE SITE AND SERVICES
Subject to full compliance with these Terms of Use, Angie’s List grants authorized users a nonexclusive, nontransferable, nonsublicensable, terminable license to access and use the Sites and Services for your personal use. You agree to not access, reproduce, duplicate, copy, sell, re-sell, modify, distribute, transmit, or otherwise exploit the Sites or Services or any of their content for any purpose except for your personal use and as described in these Terms of Use, without the express written consent of Angie’s List. Angie’s List may modify, update, suspend or discontinue the Sites and Services, in whole or in part, at our sole discretion for any or no reason, at any time and with or without notice. Angie’s List shall not be liable to any user or other third party for any such modification, update, suspension or discontinuance.
USER CONDUCT
As a condition of your access and use of the Sites and Services and your submission or access to any ratings, reviews, communications, information, data, text, photographs, audio clips, audiovisual works, or other materials on the Sites and Services (collectively, the “Content”), you agree not to use the Sites and Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Angie’s List. By way of example, and not as a limitation, you agree not to:
- violate these Terms of Use, other applicable agreement with Angie’s List, and any applicable local, state, national or international law, and any rules and regulations having the force of law;
- use the Sites and Services in any manner that violates any relevant law or that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any Content that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
- use the Sites and Services or its Content for any purposes not authorized by these Terms of Use, including commercial, political, or religious purposes, including the submission or transmission of any Content that contains advertisements, promotional materials, junk mail, or any other form of solicitation;
- reproduce, duplicate, copy, modify, sell, re-sell or exploit any Content or the Sites and Services for any commercial, educational, or any other non-personal purpose or any for any purpose unrelated to your personal purchasing decisions, without the express written consent of Angie’s List, which consent may be withheld by Angie’s List in our sole discretion;
- post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure, interfere or attempt to interfere with the proper working of the Sites and Services or any activities conducted on the Sites and Services;
- harass, threaten, intimidate, impersonate, or attempt to impersonate, any other person, falsify your contact or other information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Angie’s List, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating;
- knowingly provide or submit false or misleading information;
- use the Sites and Services if you are under the age of eighteen (18);
- take any action that would undermine the review and rating process under the Sites and Services;
- attempt to gain unauthorized access to the Sites and Services, other user accounts, or other computer systems or networks connected to the Sites and Services;
- use the Sites and Services in any way that could interfere with the rights of Angie’s List or the rights of other users of the Sites and Services;
- attempt to gain unauthorized access to any portion or feature of the Sites and Services, or any other systems or networks connected to the Sites and Services or to any server used by Angie’s List by hacking, password ‘mining’ or any other illegitimate or unauthorized means, including attempting to obtain password, account, or any other personal or private information from any other Sites and Services user;
- sell, share, or otherwise transfer your account username, password, other information, or your rights or obligations under these Terms of Use;
- transmit or submit any transmission or other materials that are encrypted or that contains viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that is likely or intended to damage, interfere with, disrupt, impair, disable or otherwise overburden the Sites and Services;
- access, download, monitor, or copy any information contained on our Sites and Services through artificial means (including but not limited to use any ‘deep-link’, ‘scraper’, ‘robot’, ‘spider’ or other automatic device, program, algorithm or methodology, or any similar or equivalent automatic or manual process, or in any way reproduce or circumvent the navigational structure or presentation of the Sites and Services or any content, to obtain or attempt to obtain any Content, materials, documents or information through any means not purposely made available through the Sites and Services; or
- probe, scan or test the vulnerability of the Sites and Services or any network connected to the Sites and Services, nor breach the security or authentication measures on or of the Sites and Services or any network connected to the Sites and Services. You may not reverse look-up, trace or seek to trace any information on any other user of the Sites and Services, or any other customer of Angie’s List, including any Angie’s List account not owned by you, to its source, or exploit the Sites and Services or any service or information made available or offered by or through the Sites and Services, in any way where the purpose is to reveal any information, including but not limited to personal identification or information other than your own information, except as expressly authorized by Angie’s List and provided for by the Sites and Services.
ANGIE’S LIST’S SERVICES
When using, accessing, or purchasing particular services or features of the Sites and Services, you shall be subject to any posted agreements, guidelines, or rules applicable to such services or features that may be posted from time to time. All such agreements, guidelines, or rules are hereby incorporated by reference into the Terms of Use.’’’’’’’
REGISTRATION INFORMATION
We may require that you create an account to use or access certain parts of the Sites and Services and use certain products and features. We may require that you provide login information such as a username and password to access and utilize your account. As a condition of your use of the Sites and Service, you agree to (a) provide Angie’s List with true, accurate, current and complete information as prompted by the Angie’s List’s registration forms, when registering for or using the Sites and Services and (b) update and maintain the truthfulness, accuracy and completeness of such information. You are responsible for maintaining the confidentiality of any password or other account information not generally available to others and are fully responsible for all activities that occur under your username and password. While there are limited, legitimate reasons for creating multiple accounts, creating serial or overlapping accounts may result in account termination. Please contact us if you have questions about managing multiple accounts.
Submitting CONTENT
As a condition of submitting any Content or other materials to the Sites or Services, you agree that:
- you grant to Angie’s List a royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from, incorporate such Content into other works;
- you grant to Angie’s List all rights necessary to publish or refrain from publishing your name and address in connection with your Content; sublicense through multiple tiers the Content, and acknowledge that this license cannot be terminated by you once your Content is submitted to the Sites and Services;
- you grant to Angie’s List all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction, distribution, or exploitation of your Content by any other party;
- your name and report information may be made available to the public and to the Service Providers on which you report;
- you represent that you own or have secured all legal rights necessary for the Content submitted by you to be used by you, Angie’s List, and others as described and otherwise contemplated in these Terms of Use;
- you represent and warrant that each person identified, depicted, or shown in in your Content, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the Content consistent with these Terms of Use;
- you are solely responsible for your reviews and ratings;
- Angie’s List may, in its sole discretion, choose to remove or not to remove reviews and ratings once published;
- you will not submit any reviews that may be considered by Angie’s List to be infringing, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, or otherwise violates any relevant law or right of any other party, or racially, ethnically or otherwise objectionable;
- all of your reviews and ratings will either be based upon (i) your actual first-hand experiences with the Service Providers you are reviewing or (ii) as provided below, an individual and that individual’s actual first-hand experience with a health care or wellness provider whereby you have the legal authority to disclose such health information and experience of such individual;
- all of your reviews and ratings of the Service Providers that you are rating will be accurate, honest, truthful, and complete in all respects;
- you do not work for, own any interest in or serve on the board of directors of, any of the Service Providers for which you submit reviews and ratings; you are not in any way related (by blood, adoption or marriage, if the Service Provider is an individual) to any of the Service Providers for which you submit reviews or ratings;
- you have not received any form of compensation to post reviews and ratings;
- you will submit thorough and thoughtful reviews of the Service Providers you review (for example, submitting a review describing a service contractor as “He/She is great.” Without additional commentary is not a thorough and thoughtful review);
- you will not submit reviews that comment on other users or the reviews of other users;
- you will not submit reviews with hyperlinks; or
- the reviews and ratings that you provide do not reflect the views of Angie’s List, its officers, managers, owners, employees, agents, designees or other users.
PUBLICATION AND DISTRIBUTION OF CONTENT
Angie’s List does not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted to or through the Service. You acknowledge that Angie’s List simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of Content and for the publication and distribution of any content posted by Service Providers in response to Content (“Service Provider Content”). You understand that all Content and Service Provider Content posted on, transmitted through or linked through the Service, are the sole responsibility of the person from whom such Content originated. You understand that Angie’s List does not control, and is not responsible for Content or Service Provider Content made available through the Service, and that by using the Service, You may be exposed to Content that is inaccurate, misleading, or offensive. You agree that You must evaluate and make Your own judgment, and bear all risks associated with, the use of any Content and Service Provider Content.
You further acknowledge that Angie’s List has no obligation to screen, preview, monitor or approve any Content or Service Provider Content, or Content posted or submitted by any other Angie’s List member or any Service Provider. However, Angie’s List reserves the right to review and delete any Content that, in its sole judgment, violates the terms and conditions of this Agreement. By using the Service, You agree that it is solely YOUR RESPONSIBILITY to evaluate Your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any Content that You submit, receive, access, transmit or otherwise convey through the Service. Under no circumstances will Angie’s List be liable in any way for any Content or Service Provider Content, including, but not limited to, any Content or Service Provider Content that contains any errors, omissions, defamatory statements, or confidential or private information (including, but not limited to, health information) or for any loss or damage of any kind incurred as a result of the use of any Content or Service Provider Content submitted, accessed, transmitted or otherwise conveyed via the Service. You waive the right to bring or assert any claim against Angie’s List relating to Content or Service Provider Content, and release Angie’s List from any and all liability for or relating to any Content or Service Provider Content.
You may, however, report Content that you believe violates these Terms of Use or is otherwise unlawful by sending an email to [email protected] (for copyright complaints, please see below). Please note that you may be liable for damages (including costs and attorneys’ fees) for unlawful misrepresentations. If you are uncertain whether an activity is unlawful, we recommend seeking advice of an attorney.
You agree that Angie’s List may establish general practices, policies and limits, which may or may not be published, concerning the use of the Sites and Services, including without limitation, the time that reviews and ratings will be retained, the maximum number of reviews and ratings that may be sent from an account, the length of reviews and ratings sent, and the maximum number of times and the maximum duration for which you may access the Sites and Services in a given period of time. You agree that Angie’s List has no responsibility or liability for the deletion or failure to store any Content or other materials maintained or transmitted by or through the Sites and Services. You agree that Angie’s List has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
SERVICE PROVIDERS
Angie’s List does not endorse and is not responsible or liable for any Content, data, advertising, products, goods or services available or unavailable from, or through, any third party or Service Provider (which includes, but is not limited to, health care and wellness providers). You agree that should you use or rely on such Content, data, advertisement, products, goods or services, available or unavailable from, or through any third party or Service Provider (which includes, but is not limited to, health care and wellness providers), Angie’s List is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in promotions of any Service Provider (which includes, but is not limited to, health care and wellness providers), and any other terms, conditions, representations or warranties associated with such dealings, are between you and such Service Provider (which includes, but is not limited to, health care and wellness providers) exclusively and do not involve Angie’s List. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging Service Providers (which includes, but is not limited to, health care and wellness providers).
Third parties and Service Providers may link or otherwise direct Internet users to our Sites and Services for the purpose of utilizing one or more of the services we provide on behalf of others. Additionally, we may provide links or otherwise direct you to third party or Service Provider websites. Angie’s List does not control or operate any such third party or Service Provider websites. Any information you provide to these third party or Service Provider websites while on these third party or Service Provider websites is subject to the respective policies of those third parties or Service Providers, and not Angie’s List’s policies. It is your responsibility to review such third party or Service Provider policies, including any relevant privacy policies. You agree that Angie’s List will not be responsible or liable for, and does not endorse any content, advertising, goods or services provided on or through these outside websites or for your use or inability to use such websites. Angie’s List does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give to any third party or Service Provider sites. You use these third party or Service Provider websites at your own risk.
You agree that Angie’s List is not responsible for the accessibility or unavailability of any Service Provider (which includes, but is not limited to, health care and wellness providers) or for your interactions and dealings with them, waive the right to bring or assert any claim against Angie’s List relating to any interactions or dealings with any Service Provider (which includes, but is not limited to, health care and wellness providers), and release Angie’s List from any and all liability for or relating to any interactions or dealings with Service Providers (which includes, but is not limited to, health care and wellness providers).
Without limiting the foregoing, your correspondence or business dealings with, consumption of products or services of, or participation in promotions of, third parties or Service Providers found on or through the use of the Sites and Services, including payment for and delivery or fulfillment of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. You agree that Angie’s List shall not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties or Service Providers on the Angie’s List Sites and Services.
HEALTH RELATED PROVIDERS
The Sites and Services and its Content are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Sites and Services.
If you think you may have a medical emergency, call your doctor or 911 immediately. Angie’s List does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Sites and Services. Angie’s List is not a health or wellness provider and cannot recommend or refer you to any health or wellness provider. Reliance on any information provided by Angie’s List, its employees and others appearing on the Sites and Services at the invitation of Angie’s List, or other visitors to the Sites and Services is solely at your own risk.
The Sites and Services may contain health-related materials that are sexually explicit. If you find these materials offensive, should not use the Sites and Services. You should be aware that if you post any health-related information about yourself or anyone else on the Sites and Services, you do so at your own risk. If you post health information about services rendered to another individual, you represent that you have the legal authority to receive health information about that individual from that individual’s health care providers and that you have the legal authority to further disclose such health information. If you post health-related information, you will be placing it into the public domain which may violate federal or state laws that protect the privacy of health information. You also acknowledge that the health care or wellness provider about whom you submit Content may submit Content that contain your private or confidential health information in response to Content you submit. Angie’s List is not liable for any such Content. Angie’s List cannot be expected to keep you health information confidential if you post it to the Sites or Services or otherwise make it available to others.
Termination of Access
Angie’s List may terminate your privilege to use or access the Sites and Services immediately and without notice for any reason whatsoever. Upon such termination, you must immediately cease accessing or using the Sites and Services and agree not access or make use of, or attempt to use, the Sites and Services. Furthermore, you acknowledge that Angie’s List reserves the right to take action -- technical, legal or otherwise -- to block, nullify or deny your ability to access the Sites and Services. You understand that Angie’s List may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to Angie’s List.
All provisions of these Terms of Use which by their nature should survive termination shall survive the termination of your access to the Sites and Services, including, without limitation, provision regarding ownership, warranty disclaimers, indemnity, and limitations of liability.
NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California web users are entitled to the following specific consumer rights notice: The Services are provided by Angie’s List, Inc., 1030 E. Washington St., Indianapolis, Indiana 46202. If You have any questions, concerns, or complaints regarding the Services, please contact Angie’s List, Inc. by either sending: (i) an email to [email protected]; or (ii) a letter, first class certified mail, to Angie’s List, 1030 East Washington, Indianapolis, Indiana 46202, Attn: Member Services.
California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
TRADEMARKS AND COPYRIGHTS
Angie’s List, and other Sites and Services graphics, logos, designs, page headers, button icons, scripts, and service names are the trademarks or trade dress of Angie’s List in the U.S. and/or other countries. These trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, keyword advertisements, or email addresses, or in connection with any product or service in any manner that is likely to cause confusion.
You should assume all Content and material made available on the Sites and Services is protect by copyright law. Aside from user-submitted Content, all other materials and other information on the Sites and Services, including, but not limited to, all text, graphics, logos, icons, images, audio and video clips, downloads, data compilations and software are the exclusive property of Angie’s List and/or its licensors and are protected by all United States and international copyright laws.
Notices
You agree that Angie’s List may communicate any notices to You under these Terms of Use, through electronic mail, regular mail or posting the notices on the Site. All notices to Angie’s List will be provided by either sending: (i) an email to [email protected]; or (ii) a letter, first class certified mail, to Angie’s List, 1030 East Washington, Indianapolis, Indiana 46202, Attn: Member Services. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.
In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), Angie’s List will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is:
Angie’s List, Inc.
130 E. Washington St.
Indianapolis, IN 46204
Attn: Designated Agent
Email: [email protected]
If You are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that Your work’s copyright or trademark has been infringed, please report Your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted;
- a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Angie’s List will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.’“”’“”’’’“”’
DELAYS AND ACCESSIBILITY
The Sites and Services may be subject to limitations, delays, failure, and other problems inherent in the use of the Internet and electronic communications. Angie’s List is not responsible for any delays, failures or other damage resulting from such problems.
USER FEEDBACK
Angie’s List appreciates hearing from you, as well as our other users, and welcomes your comments regarding our Sites and Services. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, or materials other than those which we have specifically requested. Although we do value your feedback on our Sites and Services, please be specific in your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts or other information (collectively, the “Submissions”), such Submissions will be the property of Angie’s List. In addition, none of the Submissions will be subject to any obligations of confidentiality and Angie’s List will not be liable for any future use or disclosure of such Submissions.
Warranties and Disclaimers
You acknowledge that Angie’s List has no control over, and no duty to take any action regarding: which users gain access to or use the Sites and Services; what effects the content on or in connection with the Sites and Services may have on you; how you may interpret or use the content on or in connection with the Sites and Services; or what actions you may take as a result of having been exposed to the content on or in connection with the Sites and Services. You release Angie’s List from all liability for you having acquired or not acquired content or information through the Sites and Services. The Sites and Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Angie’s List makes no representations concerning any content contained in or accessed through the Sites and Services, and Angie’s List will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Sites and Services. Angie’s List makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein.
YOU ACCESS AND USE THE SITES AND SERVICES AT YOUR OWN RISK. THE SITES AND SERVICES ARE PROVIDED ON AN ‘AS IS, AS AVAILABLE’ BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER ANGIE’S LIST NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON OR IN CONNECTION WITH THE SITES AND SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF ANGIE’S LIST, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO, OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. WE ARE NOT LIABLE FOR CRIMINAL, TORTUOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THE SITES AND SERVICES. IN NO EVENT WILL ANGIE’S LIST OR ANY OF ITS DIRECTORS, OFFICERS, AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTUOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL ANGIE’S LIST OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITES AND SERVICES.
ANY MATERIAL ACCESSED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ANGIE’S LIST OR THROUGH OR FROM THE SITES AND/OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, ANGIE’S LIST DOES NOT REPRESENT OR WARRANT THAT (I) THE SITES AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SITES AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES AND/OR SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, ANGIE’S LIST’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
ANGIE’S LIST SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND ANGIE’S LIST HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
Angie’s List has no control over and no duty to take any action regarding: other users’ behavior; what effects Content may have on you; how you may interpret or use Content; or what actions you may take as a result of having been exposed to Content. You release Angie’s List from all liability for you having acquired or not acquired Content through the Sites and Services. Angie’s List makes no representations concerning any Content, including the accuracy thereof, contained in or accessed through the Sites and Services, and Angie’s List will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Sites and Services.
The Sites and Services may display links to other Internet sites or resources. Because Angie’s List has no control over such sites and resources, you acknowledge and agree that Angie’s List is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.
You further acknowledge and agree that Angie’s List shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Indemnity
You agree to indemnify, defend and hold harmless Angie’s List, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of these Terms of Use by you; (b) the inaccurate or untruthful Content or other information provided by you to Angie’s List or that you submit, transmit or otherwise make available through the Service; or (c) any intentional or willful violation of any rights of another or harm you may have caused to another. Angie’s List will have sole control of the defense of any such damage or claim.
Limitation of liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANGIE’S LIST WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ANGIE’S LIST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICE; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICE; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICE; (E) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY THROUGH THE SERVICE; (F) ANY OTHER MATTER RELATING TO THE SERVICE; (G) ANY BREACH OF THIS AGREEMENT BY ANGIE’S LIST OR THE FAILURE OF ANGIE’S LIST TO PROVIDE THE SERVICE UNDER THIS AGREEMENT OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY SERVICE PROVIDERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to You.
You understand and agree that Your unlimited access to the Content on the Website or in the Magazine represents a substantial portion of the value You receive from Your Angie’s List’s Membership Fee. THEREFORE, TO THE EXTENT ANGIE’S LIST IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICE, ANGIE’S LIST’S LIABILITY FOR DAMAGES WILL NOT EXCEED THE EQUIVALENT OF ONE (1) MONTH OF YOUR MEMBERSHIP FEE (I.E., THE AMOUNT OF YOUR ANNUAL MEMBERSHIP FEE DIVIDED BY TWELVE).
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ANGIE’S LIST CONTRACTS WITH A THIRD PARTY TO PROCESS YOUR PAYMENT OF MEMBERSHIP FEES TO ANGIE’S LIST THROUGH THE USE OF A CREDIT CARD (A “CREDIT CARD PROCESSOR”). YOU UNDERSTAND AND AGREE THAT NEITHER A CREDIT CARD PROCESSOR NOR ANY OTHER PARTY INVOLVED IN THE CREDIT CARD PROCESSING PROCESS FOR ANGIE’S LIST, INCLUDING, BUT NOT LIMITED TO, THE COMPANY ISSUING THE CREDIT CARD TO YOU AND THE MERCHANT BANK (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL BE LIABLE FOR ANY DAMAGES (AS DEFINED HEREIN AND SUBJECT TO THE LIMITATIONS SET FORTH IN THIS SECTION SUFFERED BY YOU AS A RESULT OF THE FAILURE OF ANGIE’S LIST TO PROVIDE SERVICES TO YOU UNDER THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT BY ANGIE’S LIST. YOU HEREBY RELEASE EACH OF THE RELEASED PARTIES FROM ANY AND ALL DAMAGES YOU MAY SUFFER AS A RESULT OF THE FAILURE OF ANGIE’S LIST TO PROVIDE SERVICES TO YOU UNDER THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT BY ANGIE’S LIST. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FOR ANY AND ALL DAMAGES IT MAY SUFFER AS A RESULT OF YOUR BREACH OF THIS SECTION. YOU HEREBY UNDERSTAND AND AGREE THAT ANGIE’S LIST SHALL BE SOLELY LIABLE FOR THE PAYMENT OF ANY DAMAGES TO YOU UNDER THIS AGREEMENT.
BREACH OF TERMS OF USE AND LIQUIDATED DAMAGES
You understand that the content in each report or record on Angie’s List has significant value to Angie’s List and that the damage caused to Angie’s List for any violation of these Terms of Use pertaining to a report or record will be difficult to accurately estimate. Thus you shall be liable to pay us the following amounts as liquidated damages, and you agree that the liquidated damages are a reasonable estimate of Angie’s List’s damages for the specified breaches of these Terms of Use:
- If you post Content in violation of these Terms of Use, you agree to promptly pay Angie’s List One Thousand Dollars ($1,000) for each item of Content posted in violation of these Terms of Use. We may (but shall not be required to) to issue you a warning before assessing damages.
- If you display, copy, duplicate, reproduce, sell, re-sell or exploit for any purpose any Content in violation of these Terms of Use, you agree to pay One Hundred Dollars ($100) for each record or report that you displayed, copied, duplicated, reproduced, sold, re-sold or exploited for any purpose.
- If you use computer programming routines that are intended to aggregate records or reports from the Sites and Services or otherwise damage, interfere with, disrupt, impair, disable or otherwise overburden the Sites and Services, you agree to pay One Hundred Dollars ($100) for each report or record that is aggregated, disrupted, damaged or otherwise affected by you.
- Except as set forth in the foregoing subparagraphs (a) through (c), inclusive, you agree to pay the actual damages suffered by Angie’s List, including, but not limited to attorneys’ fees and court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms of Use, we reserve the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms of Use, or any combination thereof.
ENTIRE AGREEMENT
These Terms of Use and other agreements, rules, and policies incorporated by reference to these Terms including, without limitation, the Privacy Policy, constitutes the entire agreement between you and Angie’s List. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and Angie’s List regarding the subject matter contained in these Terms of Use. Additional terms and conditions may exist between you and third parties, including but not limited to, Service Providers and others. You represent and warrant that those third party agreements do not interfere with your obligations and duties to Angie’s List under these Terms of Use.
GOVERNING LAW
These Terms of Use and the relationship between You and Angie’s List will be governed by the laws of the State of Indiana, notwithstanding the choice of law provisions of the venue where any action is brought, where the violation occurred, where You may be located or any other jurisdiction. You agree and consent to the exclusive jurisdiction of the state or federal courts located in Marion County, Indiana and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court, except that Angie’s List may elect, in its sole discretion, to litigate the action in the county or state where any breach by You occurred or where You can be found. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to Your use of the Site or Service or these Terms of Use shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.’’
MISCELLANEOUS
If you breach any term of these Terms of Use or other agreement with Angie’s List, Angie’s List may pursue any legal or equitable remedy available, including but not limited to, direct, consequential, and punitive damages and injunctive relief. Angie’s List’s remedies are cumulative and not exclusive. Failure of Angie’s List to exercise any remedy or enforce any portion of the Terms of Use at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. These Terms of Use are not assignable, transferable or sublicensable by you except with Angie’s List’s prior written consent. We may transfer, assign or delegate the Terms and its rights and obligations without consent. Users of this Sites and Services are responsible for compliance with all applicable regulations and laws. No joint venture, partnership, employment or agency relationship exists between you and Angie’s List as a result of these Terms of Use or use of the Sites and Services. You acknowledge and agree that each of the Released Parties shall be an intended third party beneficiary of these Terms of Use.
Contacting Us
If you have any comments or questions regarding these Terms, or wish to report any violation of these Terms of Service, please contact us at [email protected]. We will address any issue to the best of our abilities.
Effective April 24, 2017 to September 21, 2020
DownloadTable of Contents
Angie’s List Terms of Use
Last Updated: April 24, 2017
Angie’s List, Inc. (“Angie’s List”) helps consumers research, hire, rate, and review a variety of service contractors and health related professionals (collectively, “Service Providers”). The following Terms of Use outline your obligations when using the Angie’s List websites, mobile applications, and services.
ACCEPTANCE OF TERMS
The Angie’s List Internet site available at www.angieslist.com, the Angie’s List mobile application, all related sites and mobile applications, and the various content, features, and services offered on and in connection with these sites and applications, including the Angie’s List magazine (collectively, the “Sites and Services”) are owned and operated by Angie’s List and can only be accessed and used by you under the Terms of Use described below (“Terms of Use”).
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING, DOWNLOADING, OR USING ANY OF THE SITES AND SERVICES, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS AND USE THE SITES AND SERVICES.
MODIFICATIONS OF TERMS OF USE
Angie’s List may, in its sole discretion, modify these Terms of Use at any time effective upon posting the modified Terms of Use on and in connection with the Sites and Services, with or without additional notice to you. You are responsible for regularly reviewing information posted on the Sites and Services to obtain timely notice of such changes. If you do not agree to the amended terms, you agree to immediately stop using the Sites and Services and to provide Angie’s List notice to remove you from any distribution lists or other communication list that are available to you through your use of the Sites and Services. YOUR CONTINUED USE OF THE SITE AND SERVICES AFTER SUCH POSTING (OR OTHER NOTIFICATION, IF ANY) MEANS YOU ACCEPT AND AGREE TO BE BOUND BY THE MODIFIED TERMS OF USE.
USE OF THE SITE AND SERVICES
Subject to full compliance with these Terms of Use, Angie’s List grants authorized users a nonexclusive, nontransferable, nonsublicensable, terminable license to access and use the Sites and Services for your personal use. You agree to not access, reproduce, duplicate, copy, sell, re-sell, modify, distribute, transmit, or otherwise exploit the Sites or Services or any of their content for any purpose except for your personal use and as described in these Terms of Use, without the express written consent of Angie’s List. Angie’s List may modify, update, suspend or discontinue the Sites and Services, in whole or in part, at our sole discretion for any or no reason, at any time and with or without notice. Angie’s List shall not be liable to any user or other third party for any such modification, update, suspension or discontinuance.
USER CONDUCT
As a condition of your access and use of the Sites and Services and your submission or access to any ratings, reviews, communications, information, data, text, photographs, audio clips, audiovisual works, or other materials on the Sites and Services (collectively, the “Content”), you agree not to use the Sites and Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Angie’s List. By way of example, and not as a limitation, you agree not to:
- violate these Terms of Use, other applicable agreement with Angie’s List, and any applicable local, state, national or international law, and any rules and regulations having the force of law;
- use the Sites and Services in any manner that violates any relevant law or that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any Content that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
- use the Sites and Services or its Content for any purposes not authorized by these Terms of Use, including commercial, political, or religious purposes, including the submission or transmission of any Content that contains advertisements, promotional materials, junk mail, or any other form of solicitation;
- reproduce, duplicate, copy, modify, sell, re-sell or exploit any Content or the Sites and Services for any commercial, educational, or any other non-personal purpose or any for any purpose unrelated to your personal purchasing decisions, without the express written consent of Angie’s List, which consent may be withheld by Angie’s List in our sole discretion;
- post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure, interfere or attempt to interfere with the proper working of the Sites and Services or any activities conducted on the Sites and Services;
- harass, threaten, intimidate, impersonate, or attempt to impersonate, any other person, falsify your contact or other information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Angie’s List, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating;
- knowingly provide or submit false or misleading information;
- use the Sites and Services if you are under the age of eighteen (18);
- take any action that would undermine the review and rating process under the Sites and Services;
- attempt to gain unauthorized access to the Sites and Services, other user accounts, or other computer systems or networks connected to the Sites and Services;
- use the Sites and Services in any way that could interfere with the rights of Angie’s List or the rights of other users of the Sites and Services;
- attempt to gain unauthorized access to any portion or feature of the Sites and Services, or any other systems or networks connected to the Sites and Services or to any server used by Angie’s List by hacking, password ‘mining’ or any other illegitimate or unauthorized means, including attempting to obtain password, account, or any other personal or private information from any other Sites and Services user;
- sell, share, or otherwise transfer your account username, password, other information, or your rights or obligations under these Terms of Use;
- transmit or submit any transmission or other materials that are encrypted or that contains viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that is likely or intended to damage, interfere with, disrupt, impair, disable or otherwise overburden the Sites and Services;
- access, download, monitor, or copy any information contained on our Sites and Services through artificial means (including but not limited to use any ‘deep-link’, ‘scraper’, ‘robot’, ‘spider’ or other automatic device, program, algorithm or methodology, or any similar or equivalent automatic or manual process, or in any way reproduce or circumvent the navigational structure or presentation of the Sites and Services or any content, to obtain or attempt to obtain any Content, materials, documents or information through any means not purposely made available through the Sites and Services; or
- probe, scan or test the vulnerability of the Sites and Services or any network connected to the Sites and Services, nor breach the security or authentication measures on or of the Sites and Services or any network connected to the Sites and Services. You may not reverse look-up, trace or seek to trace any information on any other user of the Sites and Services, or any other customer of Angie’s List, including any Angie’s List account not owned by you, to its source, or exploit the Sites and Services or any service or information made available or offered by or through the Sites and Services, in any way where the purpose is to reveal any information, including but not limited to personal identification or information other than your own information, except as expressly authorized by Angie’s List and provided for by the Sites and Services.
ANGIE’S LIST’S SERVICES
When using, accessing, or purchasing particular services or features of the Sites and Services, you shall be subject to any posted agreements, guidelines, or rules applicable to such services or features that may be posted from time to time. All such agreements, guidelines, or rules are hereby incorporated by reference into the Terms of Use.’’’’’’’
REGISTRATION INFORMATION
We may require that you create an account to use or access certain parts of the Sites and Services and use certain products and features. We may require that you provide login information such as a username and password to access and utilize your account. As a condition of your use of the Sites and Service, you agree to (a) provide Angie’s List with true, accurate, current and complete information as prompted by the Angie’s List’s registration forms, when registering for or using the Sites and Services and (b) update and maintain the truthfulness, accuracy and completeness of such information. You are responsible for maintaining the confidentiality of any password or other account information not generally available to others and are fully responsible for all activities that occur under your username and password. While there are limited, legitimate reasons for creating multiple accounts, creating serial or overlapping accounts may result in account termination. Please contact us if you have questions about managing multiple accounts.
Submitting CONTENT
As a condition of submitting any Content or other materials to the Sites or Services, you agree that:
- you grant to Angie’s List a royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from, incorporate such Content into other works;
- you grant to Angie’s List all rights necessary to publish or refrain from publishing your name and address in connection with your Content; sublicense through multiple tiers the Content, and acknowledge that this license cannot be terminated by you once your Content is submitted to the Sites and Services;
- you grant to Angie’s List all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction, distribution, or exploitation of your Content by any other party;
- your name and report information may be made available to the public and to the Service Providers on which you report;
- you represent that you own or have secured all legal rights necessary for the Content submitted by you to be used by you, Angie’s List, and others as described and otherwise contemplated in these Terms of Use;
- you represent and warrant that each person identified, depicted, or shown in in your Content, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the Content consistent with these Terms of Use;
- you are solely responsible for your reviews and ratings;
- Angie’s List may, in its sole discretion, choose to remove or not to remove reviews and ratings once published;
- you will not submit any reviews that may be considered by Angie’s List to be infringing, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, or otherwise violates any relevant law or right of any other party, or racially, ethnically or otherwise objectionable;
- all of your reviews and ratings will either be based upon (i) your actual first-hand experiences with the Service Providers you are reviewing or (ii) as provided below, an individual and that individual’s actual first-hand experience with a health care or wellness provider whereby you have the legal authority to disclose such health information and experience of such individual;
- all of your reviews and ratings of the Service Providers that you are rating will be accurate, honest, truthful, and complete in all respects;
- you do not work for, own any interest in or serve on the board of directors of, any of the Service Providers for which you submit reviews and ratings; you are not in any way related (by blood, adoption or marriage, if the Service Provider is an individual) to any of the Service Providers for which you submit reviews or ratings;
- you have not received any form of compensation to post reviews and ratings;
- you will submit thorough and thoughtful reviews of the Service Providers you review (for example, submitting a review describing a service contractor as “He/She is great.” Without additional commentary is not a thorough and thoughtful review);
- you will not submit reviews that comment on other users or the reviews of other users;
- you will not submit reviews with hyperlinks; or
- the reviews and ratings that you provide do not reflect the views of Angie’s List, its officers, managers, owners, employees, agents, designees or other users.
PUBLICATION AND DISTRIBUTION OF CONTENT
Angie’s List does not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted to or through the Service. You acknowledge that Angie’s List simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of Content and for the publication and distribution of any content posted by Service Providers in response to Content (“Service Provider Content”). You understand that all Content and Service Provider Content posted on, transmitted through or linked through the Service, are the sole responsibility of the person from whom such Content originated. You understand that Angie’s List does not control, and is not responsible for Content or Service Provider Content made available through the Service, and that by using the Service, You may be exposed to Content that is inaccurate, misleading, or offensive. You agree that You must evaluate and make Your own judgment, and bear all risks associated with, the use of any Content and Service Provider Content.
You further acknowledge that Angie’s List has no obligation to screen, preview, monitor or approve any Content or Service Provider Content, or Content posted or submitted by any other Angie’s List member or any Service Provider. However, Angie’s List reserves the right to review and delete any Content that, in its sole judgment, violates the terms and conditions of this Agreement. By using the Service, You agree that it is solely YOUR RESPONSIBILITY to evaluate Your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any Content that You submit, receive, access, transmit or otherwise convey through the Service. Under no circumstances will Angie’s List be liable in any way for any Content or Service Provider Content, including, but not limited to, any Content or Service Provider Content that contains any errors, omissions, defamatory statements, or confidential or private information (including, but not limited to, health information) or for any loss or damage of any kind incurred as a result of the use of any Content or Service Provider Content submitted, accessed, transmitted or otherwise conveyed via the Service. You waive the right to bring or assert any claim against Angie’s List relating to Content or Service Provider Content, and release Angie’s List from any and all liability for or relating to any Content or Service Provider Content.
You may, however, report Content that you believe violates these Terms of Use or is otherwise unlawful by sending an email to [email protected] (for copyright complaints, please see below). Please note that you may be liable for damages (including costs and attorneys’ fees) for unlawful misrepresentations. If you are uncertain whether an activity is unlawful, we recommend seeking advice of an attorney.
You agree that Angie’s List may establish general practices, policies and limits, which may or may not be published, concerning the use of the Sites and Services, including without limitation, the time that reviews and ratings will be retained, the maximum number of reviews and ratings that may be sent from an account, the length of reviews and ratings sent, and the maximum number of times and the maximum duration for which you may access the Sites and Services in a given period of time. You agree that Angie’s List has no responsibility or liability for the deletion or failure to store any Content or other materials maintained or transmitted by or through the Sites and Services. You agree that Angie’s List has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
SERVICE PROVIDERS
Angie’s List does not endorse and is not responsible or liable for any Content, data, advertising, products, goods or services available or unavailable from, or through, any third party or Service Provider (which includes, but is not limited to, health care and wellness providers). You agree that should you use or rely on such Content, data, advertisement, products, goods or services, available or unavailable from, or through any third party or Service Provider (which includes, but is not limited to, health care and wellness providers), Angie’s List is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in promotions of any Service Provider (which includes, but is not limited to, health care and wellness providers), and any other terms, conditions, representations or warranties associated with such dealings, are between you and such Service Provider (which includes, but is not limited to, health care and wellness providers) exclusively and do not involve Angie’s List. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging Service Providers (which includes, but is not limited to, health care and wellness providers).
Third parties and Service Providers may link or otherwise direct Internet users to our Sites and Services for the purpose of utilizing one or more of the services we provide on behalf of others. Additionally, we may provide links or otherwise direct you to third party or Service Provider websites. Angie’s List does not control or operate any such third party or Service Provider websites. Any information you provide to these third party or Service Provider websites while on these third party or Service Provider websites is subject to the respective policies of those third parties or Service Providers, and not Angie’s List’s policies. It is your responsibility to review such third party or Service Provider policies, including any relevant privacy policies. You agree that Angie’s List will not be responsible or liable for, and does not endorse any content, advertising, goods or services provided on or through these outside websites or for your use or inability to use such websites. Angie’s List does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give to any third party or Service Provider sites. You use these third party or Service Provider websites at your own risk.
You agree that Angie’s List is not responsible for the accessibility or unavailability of any Service Provider (which includes, but is not limited to, health care and wellness providers) or for your interactions and dealings with them, waive the right to bring or assert any claim against Angie’s List relating to any interactions or dealings with any Service Provider (which includes, but is not limited to, health care and wellness providers), and release Angie’s List from any and all liability for or relating to any interactions or dealings with Service Providers (which includes, but is not limited to, health care and wellness providers).
Without limiting the foregoing, your correspondence or business dealings with, consumption of products or services of, or participation in promotions of, third parties or Service Providers found on or through the use of the Sites and Services, including payment for and delivery or fulfillment of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. You agree that Angie’s List shall not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties or Service Providers on the Angie’s List Sites and Services.
HEALTH RELATED PROVIDERS
The Sites and Services and its Content are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Sites and Services.
If you think you may have a medical emergency, call your doctor or 911 immediately. Angie’s List does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Sites and Services. Angie’s List is not a health or wellness provider and cannot recommend or refer you to any health or wellness provider. Reliance on any information provided by Angie’s List, its employees and others appearing on the Sites and Services at the invitation of Angie’s List, or other visitors to the Sites and Services is solely at your own risk.
The Sites and Services may contain health-related materials that are sexually explicit. If you find these materials offensive, should not use the Sites and Services. You should be aware that if you post any health-related information about yourself or anyone else on the Sites and Services, you do so at your own risk. If you post health information about services rendered to another individual, you represent that you have the legal authority to receive health information about that individual from that individual’s health care providers and that you have the legal authority to further disclose such health information. If you post health-related information, you will be placing it into the public domain which may violate federal or state laws that protect the privacy of health information. You also acknowledge that the health care or wellness provider about whom you submit Content may submit Content that contain your private or confidential health information in response to Content you submit. Angie’s List is not liable for any such Content. Angie’s List cannot be expected to keep you health information confidential if you post it to the Sites or Services or otherwise make it available to others.
Termination of Access
Angie’s List may terminate your privilege to use or access the Sites and Services immediately and without notice for any reason whatsoever. Upon such termination, you must immediately cease accessing or using the Sites and Services and agree not access or make use of, or attempt to use, the Sites and Services. Furthermore, you acknowledge that Angie’s List reserves the right to take action -- technical, legal or otherwise -- to block, nullify or deny your ability to access the Sites and Services. You understand that Angie’s List may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to Angie’s List.
All provisions of these Terms of Use which by their nature should survive termination shall survive the termination of your access to the Sites and Services, including, without limitation, provision regarding ownership, warranty disclaimers, indemnity, and limitations of liability.
NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California web users are entitled to the following specific consumer rights notice: The Services are provided by Angie’s List, Inc., 1030 E. Washington St., Indianapolis, Indiana 46202. If You have any questions, concerns, or complaints regarding the Services, please contact Angie’s List, Inc. by either sending: (i) an email to [email protected]; or (ii) a letter, first class certified mail, to Angie’s List, 1030 East Washington, Indianapolis, Indiana 46202, Attn: Member Services.
California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
TRADEMARKS AND COPYRIGHTS
Angie’s List, and other Sites and Services graphics, logos, designs, page headers, button icons, scripts, and service names are the trademarks or trade dress of Angie’s List in the U.S. and/or other countries. These trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, keyword advertisements, or email addresses, or in connection with any product or service in any manner that is likely to cause confusion.
You should assume all Content and material made available on the Sites and Services is protect by copyright law. Aside from user-submitted Content, all other materials and other information on the Sites and Services, including, but not limited to, all text, graphics, logos, icons, images, audio and video clips, downloads, data compilations and software are the exclusive property of Angie’s List and/or its licensors and are protected by all United States and international copyright laws.
Notices
You agree that Angie’s List may communicate any notices to You under these Terms of Use, through electronic mail, regular mail or posting the notices on the Site. All notices to Angie’s List will be provided by either sending: (i) an email to [email protected]; or (ii) a letter, first class certified mail, to Angie’s List, 1030 East Washington, Indianapolis, Indiana 46202, Attn: Member Services. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.
In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), Angie’s List will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is:
Angie’s List, Inc.
1030 E. Washington St.
Indianapolis, IN 46202
Attn: Jill Arnold
Email: [email protected]
If You are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that Your work’s copyright or trademark has been infringed, please report Your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted;
- a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Angie’s List will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.’“”’“”’’’“”’
DELAYS AND ACCESSIBILITY
The Sites and Services may be subject to limitations, delays, failure, and other problems inherent in the use of the Internet and electronic communications. Angie’s List is not responsible for any delays, failures or other damage resulting from such problems.
USER FEEDBACK
Angie’s List appreciates hearing from you, as well as our other users, and welcomes your comments regarding our Sites and Services. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, or materials other than those which we have specifically requested. Although we do value your feedback on our Sites and Services, please be specific in your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts or other information (collectively, the “Submissions”), such Submissions will be the property of Angie’s List. In addition, none of the Submissions will be subject to any obligations of confidentiality and Angie’s List will not be liable for any future use or disclosure of such Submissions.
Warranties and Disclaimers
You acknowledge that Angie’s List has no control over, and no duty to take any action regarding: which users gain access to or use the Sites and Services; what effects the content on or in connection with the Sites and Services may have on you; how you may interpret or use the content on or in connection with the Sites and Services; or what actions you may take as a result of having been exposed to the content on or in connection with the Sites and Services. You release Angie’s List from all liability for you having acquired or not acquired content or information through the Sites and Services. The Sites and Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Angie’s List makes no representations concerning any content contained in or accessed through the Sites and Services, and Angie’s List will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Sites and Services. Angie’s List makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein.
YOU ACCESS AND USE THE SITES AND SERVICES AT YOUR OWN RISK. THE SITES AND SERVICES ARE PROVIDED ON AN ‘AS IS, AS AVAILABLE’ BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER ANGIE’S LIST NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON OR IN CONNECTION WITH THE SITES AND SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF ANGIE’S LIST, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO, OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. WE ARE NOT LIABLE FOR CRIMINAL, TORTUOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THE SITES AND SERVICES. IN NO EVENT WILL ANGIE’S LIST OR ANY OF ITS DIRECTORS, OFFICERS, AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTUOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL ANGIE’S LIST OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITES AND SERVICES.
ANY MATERIAL ACCESSED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ANGIE’S LIST OR THROUGH OR FROM THE SITES AND/OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, ANGIE’S LIST DOES NOT REPRESENT OR WARRANT THAT (I) THE SITES AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SITES AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES AND/OR SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, ANGIE’S LIST’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
ANGIE’S LIST SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND ANGIE’S LIST HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
Angie’s List has no control over and no duty to take any action regarding: other users’ behavior; what effects Content may have on you; how you may interpret or use Content; or what actions you may take as a result of having been exposed to Content. You release Angie’s List from all liability for you having acquired or not acquired Content through the Sites and Services. Angie’s List makes no representations concerning any Content, including the accuracy thereof, contained in or accessed through the Sites and Services, and Angie’s List will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Sites and Services.
The Sites and Services may display links to other Internet sites or resources. Because Angie’s List has no control over such sites and resources, you acknowledge and agree that Angie’s List is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.
You further acknowledge and agree that Angie’s List shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Indemnity
You agree to indemnify, defend and hold harmless Angie’s List, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of these Terms of Use by you; (b) the inaccurate or untruthful Content or other information provided by you to Angie’s List or that you submit, transmit or otherwise make available through the Service; or (c) any intentional or willful violation of any rights of another or harm you may have caused to another. Angie’s List will have sole control of the defense of any such damage or claim.
Limitation of liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANGIE’S LIST WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ANGIE’S LIST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICE; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICE; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICE; (E) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY THROUGH THE SERVICE; (F) ANY OTHER MATTER RELATING TO THE SERVICE; (G) ANY BREACH OF THIS AGREEMENT BY ANGIE’S LIST OR THE FAILURE OF ANGIE’S LIST TO PROVIDE THE SERVICE UNDER THIS AGREEMENT OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY SERVICE PROVIDERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to You.
You understand and agree that Your unlimited access to the Content on the Website or in the Magazine represents a substantial portion of the value You receive from Your Angie’s List’s Membership Fee. THEREFORE, TO THE EXTENT ANGIE’S LIST IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICE, ANGIE’S LIST’S LIABILITY FOR DAMAGES WILL NOT EXCEED THE EQUIVALENT OF ONE (1) MONTH OF YOUR MEMBERSHIP FEE (I.E., THE AMOUNT OF YOUR ANNUAL MEMBERSHIP FEE DIVIDED BY TWELVE).
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ANGIE’S LIST CONTRACTS WITH A THIRD PARTY TO PROCESS YOUR PAYMENT OF MEMBERSHIP FEES TO ANGIE’S LIST THROUGH THE USE OF A CREDIT CARD (A “CREDIT CARD PROCESSOR”). YOU UNDERSTAND AND AGREE THAT NEITHER A CREDIT CARD PROCESSOR NOR ANY OTHER PARTY INVOLVED IN THE CREDIT CARD PROCESSING PROCESS FOR ANGIE’S LIST, INCLUDING, BUT NOT LIMITED TO, THE COMPANY ISSUING THE CREDIT CARD TO YOU AND THE MERCHANT BANK (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL BE LIABLE FOR ANY DAMAGES (AS DEFINED HEREIN AND SUBJECT TO THE LIMITATIONS SET FORTH IN THIS SECTION SUFFERED BY YOU AS A RESULT OF THE FAILURE OF ANGIE’S LIST TO PROVIDE SERVICES TO YOU UNDER THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT BY ANGIE’S LIST. YOU HEREBY RELEASE EACH OF THE RELEASED PARTIES FROM ANY AND ALL DAMAGES YOU MAY SUFFER AS A RESULT OF THE FAILURE OF ANGIE’S LIST TO PROVIDE SERVICES TO YOU UNDER THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT BY ANGIE’S LIST. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FOR ANY AND ALL DAMAGES IT MAY SUFFER AS A RESULT OF YOUR BREACH OF THIS SECTION. YOU HEREBY UNDERSTAND AND AGREE THAT ANGIE’S LIST SHALL BE SOLELY LIABLE FOR THE PAYMENT OF ANY DAMAGES TO YOU UNDER THIS AGREEMENT.
BREACH OF TERMS OF USE AND LIQUIDATED DAMAGES
You understand that the content in each report or record on Angie’s List has significant value to Angie’s List and that the damage caused to Angie’s List for any violation of these Terms of Use pertaining to a report or record will be difficult to accurately estimate. Thus you shall be liable to pay us the following amounts as liquidated damages, and you agree that the liquidated damages are a reasonable estimate of Angie’s List’s damages for the specified breaches of these Terms of Use:
- If you post Content in violation of these Terms of Use, you agree to promptly pay Angie’s List One Thousand Dollars ($1,000) for each item of Content posted in violation of these Terms of Use. We may (but shall not be required to) to issue you a warning before assessing damages.
- If you display, copy, duplicate, reproduce, sell, re-sell or exploit for any purpose any Content in violation of these Terms of Use, you agree to pay One Hundred Dollars ($100) for each record or report that you displayed, copied, duplicated, reproduced, sold, re-sold or exploited for any purpose.
- If you use computer programming routines that are intended to aggregate records or reports from the Sites and Services or otherwise damage, interfere with, disrupt, impair, disable or otherwise overburden the Sites and Services, you agree to pay One Hundred Dollars ($100) for each report or record that is aggregated, disrupted, damaged or otherwise affected by you.
- Except as set forth in the foregoing subparagraphs (a) through (c), inclusive, you agree to pay the actual damages suffered by Angie’s List, including, but not limited to attorneys’ fees and court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms of Use, we reserve the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms of Use, or any combination thereof.
ENTIRE AGREEMENT
These Terms of Use and other agreements, rules, and policies incorporated by reference to these Terms including, without limitation, the Privacy Policy, constitutes the entire agreement between you and Angie’s List. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and Angie’s List regarding the subject matter contained in these Terms of Use. Additional terms and conditions may exist between you and third parties, including but not limited to, Service Providers and others. You represent and warrant that those third party agreements do not interfere with your obligations and duties to Angie’s List under these Terms of Use.
GOVERNING LAW
These Terms of Use and the relationship between You and Angie’s List will be governed by the laws of the State of Indiana, notwithstanding the choice of law provisions of the venue where any action is brought, where the violation occurred, where You may be located or any other jurisdiction. You agree and consent to the exclusive jurisdiction of the state or federal courts located in Marion County, Indiana and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court, except that Angie’s List may elect, in its sole discretion, to litigate the action in the county or state where any breach by You occurred or where You can be found. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to Your use of the Site or Service or these Terms of Use shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.’’
MISCELLANEOUS
If you breach any term of these Terms of Use or other agreement with Angie’s List, Angie’s List may pursue any legal or equitable remedy available, including but not limited to, direct, consequential, and punitive damages and injunctive relief. Angie’s List’s remedies are cumulative and not exclusive. Failure of Angie’s List to exercise any remedy or enforce any portion of the Terms of Use at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. These Terms of Use are not assignable, transferable or sublicensable by you except with Angie’s List’s prior written consent. We may transfer, assign or delegate the Terms and its rights and obligations without consent. Users of this Sites and Services are responsible for compliance with all applicable regulations and laws. No joint venture, partnership, employment or agency relationship exists between you and Angie’s List as a result of these Terms of Use or use of the Sites and Services. You acknowledge and agree that each of the Released Parties shall be an intended third party beneficiary of these Terms of Use.
Contacting Us
If you have any comments or questions regarding these Terms, or wish to report any violation of these Terms of Service, please contact us at [email protected]. We will address any issue to the best of our abilities.
Angi Membership Agreement
Effective August 5, 2021
DownloadTable of Contents
Angi Membership Agreement
Last updated on August 5, 2021
Angie’s List, Inc. d/b/a Angi (“Angi”) displays reviews and ratings on a variety of service contractors and healthcare providers (collectively, “Service Providers”) to allow you, the user, the opportunity to read about the experiences other users have had with these Service Providers and to provide your own reviews and ratings on the Service Providers you use. Angi also operates certain products whereby Angi facilitates the offer, sale, and/or marketing of certain promotions, discounts, coupons, vouchers, e-commerce offers, or deals (collectively, “Promotions”). All products and services described in this Section, as well as any other products and services offered by Angi at any time shall be defined herein as “Service” or “Services.”
In order to use the Service, you must read and accept all of the terms and conditions in, and linked to, this Membership Agreement (this “Agreement”). This Agreement may be modified by Angi from time to time at our sole discretion, and you will receive notice if modifications to the Agreement are made. We strongly recommend that, as you read this Agreement, you also access and read the linked information. By accepting this Agreement, you also agree that your use of some Angi-branded websites or other websites we operate may be governed by separate terms and conditions, agreements and privacy policies.
BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS AND NOTICES CONTAINED IN THIS AGREEMENT JUST AS IF YOU HAD SIGNED THIS AGREEMENT.
1. ANGI SERVICE
Angi displays consumer reviews and ratings on a variety of Service Providers based upon the actual first-hand experiences those consumers had with those Service Providers and also provides you with the opportunity to provide your own reviews and ratings on the Service Providers with whom you have first-hand experiences.
(a) Angi Subscriptions and Plans
Angi members have one of the following annual membership plans: Green, Silver, or Gold (“Plans”).
You may log in to www.angi.com and check your Manage My Account page to confirm which Subscription or Plan you currently have. you may learn about the various benefits offered in each Plan by visiting https://www.angi.com/faq/new-member-what-are-my-membership-options/.
(b) Angi earns revenue from Angi Subscriptions and Service Providers who meet certain eligibility requirements and pay Angi to advertise their services to you (“Advertisers”). For example, Advertisers can pay Angi to offer Promotions on the website, through the Call Center, in the Angi magazine, through enhanced profiles, direct mail, or other services. Unless otherwise prohibited by law, Advertisers offering Promotions typically offer a discount or benefit to Angi’s members.
(c) Membership Benefits
The benefits of your Angi Plan are available only while your Plan is active and your Angi account is in good standing. Angi reserves the right to modify the Plans at any time and in its sole discretion. The details of your selected Plan, including the price and the various benefits offered therein, might be different than those details applicable to another new or existing member who purchased the same Plan in the same market. You may check your plan details at www.angi.com on your Manage My Account page, by visiting https://www.angi.com/faq/new-member-what-are-my-membership-options/ or by contacting an Angi call center specialist.
2. REGISTRATION INFORMATION
As a condition of your use of the Service, you agree to: (a) provide Angi with true, accurate, current and complete information as prompted by the Angi’s registration forms, when registering for or using the Service; and (b) update and maintain the truthfulness, accuracy and completeness of such information.
3. MINIMUM AGE
You must be 18 years of age or older to use or register for Services.
4. USE VOID WHERE PROHIBITED
Membership in the Service is void where prohibited.
5. PRIVACY POLICY
Angi has established a Privacy Policy to explain to you, and other users, how your personal information is collected and used. This Privacy Policy is located here.
6. SERVICE FEES AND BILLING METHODS; AUTOMATIC RENEWAL
Membership Fee
Angi will charge you a membership fee in order to provide the Service. Your membership fee is the amount you were charged for one term of your Subscription or Plan, not including any promotions or discounts that may have been applied (the “Membership Fee”). For this or other reasons, the Membership Fee might be different than the amount paid by another new or existing member who purchased the same services in the same market. You may check your account online or call an Angi call center representative if you have any questions.
You acknowledge that Angi reserves the right, at any time, to modify its Membership Fees and billing methods. Membership Fees may be paid in advance by credit card, debit card, or PayPal.
Automatic Renewal
If you have paid membership Plan (e.g., Silver or Gold), Angi will automatically renew your Plan for one year at the Membership Fee for the Plan (as such Membership Fee may be modified as provided above) using the credit card, debit card or other payment information on file with Angi. Such renewal payment will take place on or about your Renewal Date. Your Plan will continue, and your payment method will be charged, the Membership Fee until you cancel the Plan, which you may do at any time (see Canceling your Plan, below).
If the payment processing for the renewal of your Plan fails for any reason, we will attempt to process your renewal for a period up to one hundred eighty (180) days in accordance with our standard renewal practices then in effect (which may be modified from time to time by Angi). Except as otherwise required by applicable law, you agree that Angi will not provide you with any notices prior to each annual renewal payment.
If you chose a free Green Plan, your Plan also will renew on your Renewal Date, but you will not be charged.
Canceling your Plan
you may cancel your Plan at any time by contacting Angi by first class certified mail at 130 E. Washington Street, Indianapolis, IN 46204 by telephone at (866) 623-6088; or by signing into your account and visiting Member Support to chat with a specialist. If you wish to avoid renewal, your cancellation request must be received by no later than 5:00 p.m. Eastern Time on the business day prior to your Renewal Date.
Membership Fee Refund Policy:
Automatic Renewal Refund—Regardless of when you joined Angi, if your Plan automatically renews and you cancel your Plan within thirty (30) days after your Renewal Date, you may request a full refund of the Membership Fee.
Under no circumstances shall refunds exceed the amount you paid for your Membership Fee during the prior membership term.
In accordance with Section 19 (Term and Termination), below, if Angi terminates your account for any reason and you are not in breach of this Agreement, Angi will refund your Membership Fee on a pro rata basis from the date of such termination to the end of the then current term.
Members are not entitled to refunds of their Membership Fee under any other circumstances.
Angi Magazine Fee
Your Plan may include access to the Angi Magazine, where applicable. A portion of your Membership Fee ($6.50 per year) will be applied to the printing and/or distribution of the Angi Magazine. This fee for the Angi Magazine may not be deducted from your Membership Fee.
Authorization to Update Credit Card Account Information; Account Updater
If the credit card or debit card provided by you to Angi has expired during an attempt to renew Membership Fees pursuant to this Section, you authorize Angi to revise the expiration date and proceed with billing using the same credit or debit card account. In addition, as a convenience to you, Angi contracts with a third-party service that refreshes expired or replaced credit card and debit card numbers with the numbers of any replacement cards so that your paid Services do not lapse because the credit card or debit card information initially on file with Angi has expired or changed (“Account Updater”).
By registering for the Service and receiving a Plan, you consent to and authorize Angi’s disclosure of your credit or debit card information to Account Updater. You further consent to the third party’s use of such information solely in connection with Account Updater. You also consent to Angi’s receipt and use of updated credit card or debit card account information from your financial institution in connection with the provision of the Service as provided in this Agreement and the Privacy Policy.
7. MOBILE APP PAYMENT
When a project has been completed, you may be offered the ability to pay your Service Professional directly via the Angi mobile application. If your Service Professional has opted in to accepting payment in that manner, you will be able to log into your Angi App, select which Service Professional you are paying, enter the amount of the payment, and input your method of payment (only credit card, Android Pay, and Apple Pay are permitted). Your Service Professional may also initiate the payment request. If you use the mobile app to pay your Service Professional but did not book your home service through Angi, you will not be eligible for the Angi Happiness Guarantee.
By paying via the mobile app, you agree that Angi is authorized to charge your method of payment for the amount selected by you in the app, and to for Angi’s payment processor, Stripe, to store such credit card information in case of future payments. The Service Professional will have sixty (60) days after you submit your payment to collect the payment. Should the Service Professional opt out of receiving payment via the mobile app at any time or fail to collect your payment within this fourteen (14) day period, you will be notified and the payment will be refunded to your method of payment. In this case, you will need to pay the Service Professional directly, and you represent and warrant that you will promptly do so for the full amount owed for your project.
You authorize Angi to confirm that your method of payment is in good standing with the issuing financial institution, including, but not limited to, by submitting a request for a payment authorization and/or a low dollar credit and/or debit to the method of payment in accordance with the relevant card association as applicable. Angi, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for the mobile app with or without cause or notice, other than any notice required by any applicable law, and not waived herein. Payments made through the mobile app are also subject to the terms and conditions governing your method of payment between you and the issuer of your method of payment. You are responsible for any charges and related fees that may be imposed under the terms and conditions of your method of payment.
You acknowledge and agree that your payments through the mobile app are transactions between you and the Service Professional and not with Angi or any of its affiliates. Angi is not a party to your payments unless expressly designated as such on the Angi website. You also agree that Angi may update your payment information, including expiration date and card number, due to information received under certain account updater programs created by payment networks. Under these programs, enrolled card issuers and merchants can provide and/or receive up to date payment card-related information from payment networks regarding your method of payment stored by Angi. Angi may reflect these changes to your stored payment information to prevent payment failure or service termination.
You also agree that a Service Professional, and Angi acting on behalf of the Service Professional, may resubmit a payment for processing one or more times in the event that a prior payment made through the mobile app is declined or returned by the payment network.
The mobile app may not be used to process a payment, or otherwise transfer money between you and a Service Professional, that is unrelated to your purchase of services from the Service Professional. You may not use the mobile app to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use the mobile app to purchase any services or products that violate these Terms, other policies or rules applicable to the mobile app, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of the mobile app and/or your Angi account.
Except as set forth in these Terms, all payments processed are non-refundable to you by Angi and are non-reversible by you through the mobile app. You may have additional refund or charge-back rights under your method of payment issuer agreement or applicable state and federal laws.
You agree to release Angi, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to payments made through the mobile app. You agree that you will not involve Angi in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with payments made through the mobile app. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of Angi and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section 27. However, nothing in this Agreement waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
Payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of paying through the mobile app through Stripe, you agree to provide Angi accurate and complete information about you, and you authorize Angi to share it and transaction information related to your use of the payment processing services provided by Stripe.
8. INCENTIVES
Angi may, from time to time and in its sole discretion, offer certain products or services as incentives (“Incentives”) to select one of the Membership Plans (e.g., a free Android tablet for members who select the Gold Plan). Angi is neither the seller nor manufacturer of the Incentives and disclaims any and all liability and warranties of any kind relating to the Incentives, the use of the Incentives, and the tax implications of receiving the Incentives. You agree that you shall not bring any action against Angi relating in any way to the Incentives. In the event that an Incentive is lost, does not operate properly, or is otherwise incorrect, unfit, or unusable in any way, you agree that Angi has no responsibility for replacing the Incentive.
9. ACCOUNT SECURITY
Angi will assign you a user ID and a password when you register. Your user ID and password may only be used by you and the members of your household (meaning anyone who currently shares with you the address you registered with Angi). You are solely responsible for maintaining and protecting the confidentiality of your user ID and password and are fully responsible for all activities that occur under your user ID and password.
10. LIMITED LICENSE TO WEBSITE AND MAGAZINE
By agreeing to the terms and conditions of this Agreement, Angi grants you a limited license to access and use the reviews and ratings offered by the Service for your personal purchase decisions. you acknowledge and agree that you will not access, reproduce, duplicate, copy, sell, re-sell, visit or otherwise exploit for any commercial, educational, or any other non-personal purpose the reviews and ratings and any content, without the express written consent of Angi.
11. SUBMISSIONS OF REVIEWS
In order for you to submit your own reviews and ratings on the Website and in the Magazine, you acknowledge and agree that:
- all of your reviews and ratings will either be based upon: (i) your actual first-hand experiences with the Service Providers you are reviewing; or (ii) as provided under Section 14 (Service Providers) below, an individual and that individual’s actual first-hand experience with a health care or wellness provider whereby you have the legal authority to disclose such health information and experience of such individual;
- all of your reviews and ratings of the Service Providers that you are rating will be accurate, truthful and complete in all respects;
- you do not work for, own any interest in, or serve on the board of directors of, any of the Service Providers for which you submit reviews and ratings;
- you do not work for, own any interest in or serve on the board of directors of any competitors of the Service Providers for which you submit reviews and ratings;
- you are not in any way related (by blood, adoption, marriage, or domestic partnership, if the Service Provider is an individual) to any of the Service Providers for which you submit reviews or ratings;
- your name and review information will be made available to the Service Providers on which you review; and
- Angi may redact, delete, or reject your reviews if they do not conform with Angi’s publication criteria, which may change from time to time at Angi’s sole discretion.
12. CONFLICT RESOLUTION PROCESS
If you have a dispute with a Service Provider and an active, qualifying Plan, you may request Angi’s assistance in communicating with that Service Provider about your desired resolution (the “Complaint Resolution Process” or the “CRP”).
You may request to participate in the CRP through our Website or by contacting a member care representative. you then will be requested to complete and return to Angi certain documentation relating to your complaint. Shortly thereafter, a member of our Complaint Resolution Team will contact you to obtain additional information and understand your desired resolution. The Complaint Resolution Team then will contact the Service Provider to explain your complaint and desired resolution and to ask the Service Provider to respond in writing within a reasonable timeframe.
If the Service Provider agrees to your desired resolution or supplies a counteroffer that you find acceptable, the case is considered resolved, your review regarding the Service Provider will be removed, and you will have the opportunity to submit updated feedback about your experience. If the Service Provider responds but does not resolve the matter as described above, your feedback shall remain unchanged.
Your participation in the CRP is at Angi’s sole discretion. We reserve the right to reject your request to participate for any reason. By participating in the CRP, you consent to have your complaint and a story about the circumstances relating to the CRP published in our monthly magazine and online publications. For complaints involving health care providers, we may ask you to sign a HIPAA (Health Insurance Portability and Accountability Act) waiver to allow the Service Provider to discuss the issue with us.
The CRP is not a legal forum and Angi does not, at any time, become a party to your dispute with the Service Provider. Angi is neither a mediator nor an arbitrator and does not provide legal advice or assistance. If you believe legal services are necessary or would be helpful to resolve your dispute with a Service Provider, Angi encourages you to consult with an attorney. Angi does not guarantee that your participation in the CRP will result in a satisfactory outcome or your desired resolution.
You agree that, by offering the CRP, Angi does not waive any of its disclaimers or limitations of liability, including without limitation those set forth under Sections 15 (Service Providers), 26 (Warranty Disclaimer), and 27 (Limitation of Liability).
You acknowledge and agree that, during the Term of your Plan, Angi may—in its sole discretion and without notice—change the CRP program, including without limitation, its name, process, and/or function.
13. CONTENT LICENSE AND PROMOTION PLACEMENT
Although Angi does not claim ownership of any of the reviews, ratings, communications, information, data, text or other materials you give us (collectively, the “Content”), by providing Content for the Website and the Magazine, you automatically grant, and you represent and warrant that you have the right to grant, to Angi an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing Angi with Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content on our Website or in the Magazine by any other party.
You understand that Angi may display, disseminate, or place Promotions near, with, or adjacent to your Content in any form or media (whether now known or subsequently created). The manner, mode, and extent of such Promotions are subject to change at Angi’s discretion and without notice to you.
14. PUBLICATION AND DISTRIBUTION OF CONTENT
Angi does not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted to or through the Service. You acknowledge that Angi simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of Content and for the publication and distribution of any content posted by Service Providers in response to Content (“Service Provider Content”). You understand that all Content and Service Provider Content posted on, transmitted through or linked through the Service, are the sole responsibility of the person from whom such Content originated. You understand that Angi does not control and is not responsible for Content or Service Provider Content made available through the Service and, that by using the Service, you may be exposed to Content that is inaccurate, misleading, or offensive. You agree that you must evaluate and make your own judgment and bear all risks associated with the use of any Content and Service Provider Content.
You further acknowledge that Angi has no obligation to screen, preview, monitor or approve any Content or Service Provider Content or Content posted or submitted by any other Angi member or any Service Provider. However, Angi reserves the right to review and delete any Content that, in its sole judgment, violates the terms and conditions of this Agreement. By using the Service, you agree that it is solely YOUR RESPONSIBILITY to evaluate your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any Content that you submit, receive, access, transmit or otherwise convey through the Service. Under no circumstances will Angi be liable in any way for any Content or Service Provider Content, including, but not limited to, any Content or Service Provider Content that contains any errors, omissions, defamatory statements, or confidential or private information (including, but not limited to, health information) or for any loss or damage of any kind incurred as a result of the use of any Content or Service Provider Content submitted, accessed, transmitted or otherwise conveyed via the Service. you waive the right to bring or assert any claim against Angi relating to Content or Service Provider Content, and release Angi from any and all liability for or relating to any Content or Service Provider Content.
15. SERVICE PROVIDERS
Angi does not endorse and is not responsible or liable for any Content, Service Provider Content, Promotions, data, advertising, products, goods or services available or unavailable from, or through, any Service Providers (which includes, but is not limited to, health care and wellness providers). you agree that should you use or rely on such Content, Service Provider Content, Promotions, data, advertisement, products, goods or services, available or unavailable from, or through any Service Provider (which includes, but is not limited to, health care and wellness providers), Angi is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. your dealings with, or participation in promotions of any Service Provider (which includes, but is not limited to, health care and wellness providers), and any other terms, conditions, representations or warranties associated with such dealings, are between you and such Service Provider (which includes, but is not limited to, health care and wellness providers) exclusively and do not involve Angi. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging Service Providers (which includes, but is not limited to, health care and wellness providers).
You agree that Angi is not responsible for the accessibility or unavailability of any Service Provider (which includes, but is not limited to, health care and wellness providers) or for your interactions and dealings with them, waive the right to bring or assert any claim against Angi relating to any interactions or dealings with any Service Provider (which includes, but is not limited to, health care and wellness providers), and release Angi from any and all liability for or relating to any interactions or dealings with Service Providers (which includes, but is not limited to, health care and wellness providers). In addition, you agree that Angi may exclude Service Providers from displaying in search results on the Angi Website for failing to meet particular Angi standards regarding Service Provider conduct. In addition, you understand that Angi may exclude Service Providers from displaying in search results on the Angi Website for failing to meet particular Angi standards regarding Service Provider conduct and performance.
Angi may, in its sole discretion, have criminal and/or financial background checks conducted on certain Service Providers. By having such background checks conducted, ANGI DOES NOT WAIVE ANY OF ITS DISCLAIMER OR LIMITATIONS OF LIABILITY, INCLUDING WITHOUT LIMITATION, THOSE SET FORTH UNDER THIS SECTION, SECTION 25 (WARRANTY DISCLAIMER), OR SECTION 26 (LIMITATION OF LIABILITY).
16. HEALTH RELATED PROVIDERS
The contents of the Angi Website, such as text, graphics, images, information obtained from Angi’s, and other material contained on the Angi Website (“Website Content”) are for informational purposes only. The Website Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Angi Website.
If you think you may have a medical emergency, call your doctor or 911 immediately. Angi does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Website. Angi is not a health or wellness provider and cannot recommend or refer you to any health or wellness provider. Reliance on any information provided by Angi, Angi employees, others appearing on the Website at the invitation of Angi, or other visitors to the Website is solely at your own risk.
The Website may contain health-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Website.
You should be aware that if you post any health-related information about yourself or anyone else on this Website, you do so at your own risk. If you post Website Content about services rendered to another individual, you represent that you have the legal authority to receive health information about that individual and related to the Website Content from that individual’s health care providers and that you have the legal authority to further disclose such health information. If you post health-related information, you will be placing it into the public domain and it will not be protected by any federal or state laws that protect the privacy of health information. You also acknowledge that the health care or wellness provider about whom you submit Content may submit Service Provider Content that contain your private or confidential health information in response to Content you submit. Angi is not liable for any such Service Provider Content. Please see Section 14 (Publication and Distribution of Content) above for more information about Angi’s responsibilities related to Service Provider Content. Except as otherwise provided in this Agreement, neither Angi, nor any of its users, has any legal obligation to keep your health information confidential if you post it to this Website and it may be used for purposes that are unintended by you or Angi.
17. YOUR CONDUCT
In connection with your use of the Service, you represent and warrant that you:
- are above the age of eighteen (18);
- will abide by the letter and spirit of the terms and conditions of this Agreement and all applicable local, state, national or international laws;
- will not submit any reviews that may be considered by Angi to be unlawful, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, invasive of another person’s privacy or proprietary rights, or racially, ethnically or otherwise objectionable;
- will submit thorough and thoughtful reviews of the Service Providers you review (for example, submitting a review describing a service contractor as “He/She is great.” without additional commentary is not a thorough and thoughtful review);
- will not submit reviews that comment on other users or the reviews of other users;
- will not impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Angi, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating;
- will not submit reviews that are encrypted or that contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots, or other computer programming routines that are intended to damage, interfere with, disrupt, impair, disable or otherwise overburden our Website;
- will not access, download or copy any information contained on our Website through artificial means (including but not limited to spiders, hacking devices, computer programs, bots or other such means);
- will not post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
- will not take any action that would undermine the review and rating process under the Service;
- will not attempt to gain unauthorized access to the Service, other user accounts, or other computer systems or networks connected to the Service;
- will not use the Service in any manner that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any material that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
- will not use the Service in any way that could interfere with the rights of Angi or the rights of other users of the Service;
- have sufficient rights in and to all Content that you provide, transmit or otherwise convey to Angi in connection with the Service;
- agree not to re-sell or assign your rights or obligations under this Agreement;
- will not reproduce, duplicate, copy, sell, re-sell or exploit any Content;
- will not access any Content for any commercial, educational or other purposes not related to your personal purchasing decisions, the express written consent of Angi, which consent may be withheld by Angi in our discretion;
- grant us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute the Content and to prepare derivative works of, or to incorporate such Content into other works, and to grant and to authorize sublicenses of the foregoing;
- agree not to create an account or use Angi services if your account previously has been terminated by Angi or if you previously have been banned from using the services; and
- agree not to: (i) register for more than one account or register for an account on behalf of an individual other than yourself; (ii) impersonate any person or entity, including, but not limited to, Angi personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity; or (iii) advocate, encourage or assist any third party in doing any of the foregoing activities in this subsection.
The reviews and ratings that you provide do not reflect the views of Angi, its officers, managers, owners, employees, agents, designees or other users. In addition, Angi retains the right, in its sole discretion, to determine whether or not your use of the Service is consistent with the terms and conditions of this Agreement. Angi may suspend, restrict or terminate your use of the Service and to refuse any future use of all or portions of the Service if your use breaches or fails to comply with any of the terms and conditions of this Agreement. Additionally, Angi may seek any and all other remedies available to it, including: (a) seeking injunctive relief with any court of competent jurisdiction to enjoin any breach or failure to comply with any of the terms and conditions of this Agreement; and/or (b) if damages are ascertainable, seeking damages relating to any breach or failure to comply with any of the terms and conditions of this Agreement.
18. DISCLOSURE OF INFORMATION
As Angi continues to develop its business, it might sell or buy other companies or assets or be acquired or have substantially all of its assets acquired by a third party. In such transactions, customer information generally is one of the transferred business assets. you hereby consent to the transfer of your information as one of the transferred assets and to be used for any purpose allowed under this Agreement.
19. TERM AND TERMINATION
The term of this Agreement (“Term”) will be in effect and continue so long as you have an active Subscription or Plan. In other words, the Term shall continue through each automatic Plan renewal until termination by either party in accordance with the terms of this Agreement.
Angi may, for any reason in its sole discretion, immediately terminate this Agreement, your account, and your access to the Service. If Angi merely terminates your account for its convenience and you are not in breach of this Agreement, Angi will refund your Membership Fee on a pro rata basis from the date of such termination to the end of the then current term.
Termination of your account will include removal of your access to all offerings of the Service, deletion of your password, deletion of all related information and files, may include the deletion of the Content associated with your account (or any part thereof), and barring your further use of the Service.
20. MODIFICATION OF TERMS AND CONDITIONS
Angi will have the right to modify and restate the terms and conditions of this Agreement, and such modification(s) will be effective immediately upon being posted on our Website www.angi.com). you will receive notice if modifications to the Agreement are made. Angi will make note of the date of the last update to the Agreement on the first page of this Agreement. you are responsible for reviewing these terms and conditions regularly. your continued use of the Service after such modifications will be deemed to be your conclusive acceptance of all modifications to this Agreement. If you are dissatisfied as a result of such modification(s), your only recourse is to immediately discontinue use of the Service.
21. MODIFICATION, LIMITATION AND DISCONTINUANCE OF SERVICE
Angi reserves the right at any time to limit access to, modify, change or discontinue the Service with or without notice to you and we shall not be liable to you for any such modification, suspension or discontinuance of the Service. you agree that Angi will not be liable to you or to any third party for any such limitation, modification, change, suspension or discontinuance of the Service. you agree that Angi may establish general practices, policies and limits, which may or may not be published, concerning the use of the Service, including without limitation, the time that reviews and ratings will be retained, the maximum number of reviews and ratings that may be sent from an account, the length of reviews and ratings sent, and the maximum number of times and the maximum duration for which you may access the Service in a given period of time. you agree that Angi has no responsibility or liability for the deletion or failure to store any reviews, ratings and other communications maintained or transmitted by or through the Service. you agree that Angi has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
22. DELAYS
The Service may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. Angi is not responsible for any delays, failures or other damage resulting from such problems.
23. USER FEEDBACK
Angi appreciates hearing from you, as well as our other users, and welcomes your comments regarding our Service. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, or materials other than those which we have specifically requested. Although we do value your feedback on our Service, please be specific in your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts or other information (collectively, the “Submissions”), such Submissions will be the property of Angi. In addition, none of the Submissions will be subject to any obligations of confidentiality and Angi will not be liable for any future use or disclosure of such Submissions.
24. NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California web users are entitled to the following specific consumer rights notice: The Services are provided by Angie’s List, Inc. d/b/a Angi, 130 E. Washington St., Indianapolis, Indiana 46204. If you have any questions, concerns, or complaints regarding the Services, please contact Angi, Inc. by (i) signing into your account and visiting Member Support to chat with a specialist; or (ii) sending a letter, first class certified mail, to Angie’s List, Inc. d/b/a Angi, 130 East Washington, Indianapolis, Indiana 46204, Attn: Customer Care.
California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
25. COPYRIGHT MATERIALS
Aside from user-submitted Content and Service Provider Content, all other materials and other information on the Website and the Magazine, including, but not limited to, all text, graphics, logos, icons, images, audio clips, downloads, data compilations and software (collectively, the “Copyright Materials”) are the exclusive property of Angi and/or its licensors and are protected by all United States and international copyright laws.
26. WARRANTY DISCLAIMER
You understand and agree that THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT ANGI ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE TIMELINESS, DELETION OF CONTENT OR FAILURE BY THE SERVICE. ANGI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (D) ANY CONTENT OR INFORMATION YOU PROVIDE OR ANGI COLLECTS WILL NOT BE DISCLOSED OR (E) ANY ERRORS IN ANY SERVICE WILL BE CORRECTED. YOU AGREE THAT USE OF THE SERVICE AND THE WEBSITE IS AT YOUR OWN RISK. In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to you as they relate to implied warranties.
27. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANGI WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ANGI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICE; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICE; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICE; (E) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY THROUGH THE SERVICE; (F) ANY OTHER MATTER RELATING TO THE SERVICE; (G) ANY BREACH OF THIS AGREEMENT BY ANGI OR THE FAILURE OF ANGI TO PROVIDE THE SERVICE UNDER THIS AGREEMENT OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY SERVICE PROVIDERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.
TO THE EXTENT ANGI IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICE, ANGI’S LIABILITY FOR DAMAGES WILL NOT EXCEED THE EQUIVALENT OF ONE (1) MONTH OF YOUR MEMBERSHIP FEE (I.E., THE AMOUNT OF YOUR ANNUAL MEMBERSHIP FEE DIVIDED BY TWELVE).
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ANGI CONTRACTS WITH A THIRD PARTY TO PROCESS YOUR PAYMENT OF MEMBERSHIP FEES TO ANGI THROUGH THE USE OF A CREDIT CARD (A “CREDIT CARD PROCESSOR”). YOU UNDERSTAND AND AGREE THAT NEITHER A CREDIT CARD PROCESSOR NOR ANY OTHER PARTY INVOLVED IN THE CREDIT CARD PROCESSING PROCESS FOR ANGI, INCLUDING, BUT NOT LIMITED TO, THE COMPANY ISSUING THE CREDIT CARD TO YOU AND THE MERCHANT BANK (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL BE LIABLE FOR ANY DAMAGES (AS DEFINED HEREIN AND SUBJECT TO THE LIMITATIONS SET FORTH IN THIS SECTION SUFFERED BY YOU AS A RESULT OF THE FAILURE OF ANGI TO PROVIDE SERVICES TO YOU UNDER THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT BY ANGI. YOU HEREBY RELEASE EACH OF THE RELEASED PARTIES FROM ANY AND ALL DAMAGES YOU MAY SUFFER AS A RESULT OF THE FAILURE OF ANGI TO PROVIDE SERVICES TO YOU UNDER THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT BY ANGI. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FOR ANY AND ALL DAMAGES IT MAY SUFFER AS A RESULT OF YOUR BREACH OF THIS SECTION. YOU HEREBY UNDERSTAND AND AGREE THAT ANGI SHALL BE SOLELY LIABLE FOR THE PAYMENT OF ANY DAMAGES TO YOU UNDER THIS AGREEMENT.
28. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Angi, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of this Agreement by you; (b) the inaccurate or untruthful Content or other information provided by you to Angi or that you submit, transmit or otherwise make available through the Service; or (c) any intentional or willful violation of any rights of another or harm you may have caused to another. Angi will have sole control of the defense of any such damage or claim.
29. BREACH OF AGREEMENT AND LIQUIDATED DAMAGES
You understand and agree that, because damages are often difficult to calculate, if it becomes necessary for Angi to pursue legal action to enforce the terms and conditions of this Agreement, you will be liable to pay us the following amounts as liquidated damages, which you accept as reasonable estimates of Angi’s damages for the specified breaches of this Agreement:
If you post Content in violation of this Agreement, you agree to promptly pay Angi One Thousand Dollars ($1,000) for each item of Content posted in violation of this Agreement. We may (but shall not be required to) to issue you a warning before assessing damages.
If you display, copy, duplicate, reproduce, sell, re-sell or exploit for any purpose any Content in violation of this Agreement, you agree to pay One Thousand Dollars ($1,000) for each item of Content displayed, copied, duplicated, reproduced, sold, re-sold or exploited in violation of this Agreement
If you use computer programming routines that are intended to aggregate records or reviews from the Service or otherwise damage, interfere with, disrupt, impair, disable or otherwise overburden our Website, you agree to pay One Hundred Dollars ($100) for each review or record that is aggregated, disrupted, damaged or otherwise affected by you.
Except as set forth in the foregoing subsections (a) through (c), inclusive, you agree to pay the actual damages suffered by Angi, including, but not limited to attorneys’ fees and court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of this Agreement, we reserve the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in this Agreement, or any combination thereof.
30. NOTICE
You agree that Angi may communicate any notices to you under this Agreement, through electronic mail, regular mail or posting the notices on the Website. All notices to Angi will be provided by sending a letter, first class certified mail, to Angie’s List, d/b/a Angi, 130 East Washington, Indianapolis, Indiana 46204, Attn: Customer Care. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.
In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), Angi will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is:
Angie’s List, Inc. d/b/a Angi
130 E. Washington St.
Indianapolis, IN 46204
Attn: Copyright Agent
Email: [email protected]
130 E. Washington St.
Indianapolis, IN 46204
Attn: Copyright Agent
Email: [email protected]
If you are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that your work’s copyright or trademark has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
- a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Angi will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
31. ENTIRE AGREEMENT
This Agreement governs your use of the Service and constitutes the entire agreement between you and Angi. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and Angi regarding the subject matter contained in this Agreement. Additional terms and conditions may exist between you and third parties, including but not limited to, Service Providers and others. you represent and warrant that those third-party agreements do not interfere with your obligations and duties to Angi under this Agreement.
32. MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and Angi, including without limitation any dispute or claim related to or arising out of this Agreement ("Dispute"), you and Angi may attempt to negotiate any Dispute informally (the "Informal Negotiations") before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this Section is your physical address that you have provided to Angi. Angi's address for such notices is: Angie’s List, Inc., d/b/a Angi, Attn: Legal Department, 130 E. Washington St., Indianapolis, IN 46204.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and Angi agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration ("Arbitration Agreement"). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, Angi will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the "Class Action Waiver" described in Subsection (4) below.
- Excluded Disputes. You and Angi agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for injunctive relief.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. To fullest extent permitted by applicable law, You and Angi agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action ("Class Action Waiver"). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and Angi agree that if any portion of this Section entitled "Mutual Arbitration Agreement" is found illegal or unenforceable, that portion will be severed, and the remainder of this Section will be given full force and effect.
33. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, without giving effect to any choice or conflict of law provision or rule (either of the State of Indiana or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Indiana.
34. PROVISIONS REMAINING IN EFFECT
In the event your Plan with Angi is terminated or lapses or you are no longer a user of Angi, certain provisions of this Agreement will continue to remain in effect, including, but not limited to, Sections 13, 15, 16, 18 and 25 through 32.
35. MISCELLANEOUS
This Agreement may not be re-sold or assigned by you. If you assign, or try to assign, this Agreement, such assignment or attempted assignment will be void and unenforceable. It will not be considered a waiver of Angi’s rights if Angi fails to enforce any of the terms or conditions of this Agreement against you. In the event a court finds a provision in this Agreement to not be valid, you and Angi agree that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid in the Agreement. No joint venture, partnership, employment or agency relationship exists between you and Angi as a result of this Agreement or use of the Service. you acknowledge and agree that each of the Released Parties shall be an intended third-party beneficiary of this Agreement.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SERVICE. BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Effective August 5, 2021 to August 5, 2021
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Angi Membership Agreement
Last updated on August 5, 2021
Angie’s List, Inc. d/b/a Angi (“Angi”) displays reviews and ratings on a variety of service contractors and healthcare providers (collectively, “Service Providers”) to allow you, the user, the opportunity to read about the experiences other users have had with these Service Providers and to provide your own reviews and ratings on the Service Providers you use. Angi also operates certain products whereby Angi facilitates the offer, sale, and/or marketing of certain promotions, discounts, coupons, vouchers, e-commerce offers, or deals (collectively, “Promotions”). All products and services described in this Section, as well as any other products and services offered by Angi at any time shall be defined herein as “Service” or “Services.”
In order to use the Service, you must read and accept all of the terms and conditions in, and linked to, this Membership Agreement (this “Agreement”). This Agreement may be modified by Angi from time to time at our sole discretion, and you will receive notice if modifications to the Agreement are made. We strongly recommend that, as you read this Agreement, you also access and read the linked information. By accepting this Agreement, you also agree that your use of some Angi-branded websites or other websites we operate may be governed by separate terms and conditions, agreements and privacy policies.
BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS AND NOTICES CONTAINED IN THIS AGREEMENT JUST AS IF YOU HAD SIGNED THIS AGREEMENT.
1. ANGI SERVICE
Angi displays consumer reviews and ratings on a variety of Service Providers based upon the actual first-hand experiences those consumers had with those Service Providers and also provides you with the opportunity to provide your own reviews and ratings on the Service Providers with whom you have first-hand experiences.
(a) Angi Subscriptions and Plans
Angi members have one of the following annual membership plans: Green, Silver, or Gold (“Plans”).
You may log in to www.angi.com and check your Manage My Account page to confirm which Subscription or Plan you currently have. you may learn about the various benefits offered in each Plan by visiting https://www.angi.com/faq/new-member-what-are-my-membership-options/.
(b) Angi earns revenue from Angi Subscriptions and Service Providers who meet certain eligibility requirements and pay Angi to advertise their services to you (“Advertisers”). For example, Advertisers can pay Angi to offer Promotions on the website, through the Call Center, in the Angi magazine, through enhanced profiles, direct mail, or other services. Unless otherwise prohibited by law, Advertisers offering Promotions typically offer a discount or benefit to Angi’s members.
(c) Membership Benefits
The benefits of your Angi Plan are available only while your Plan is active and your Angi account is in good standing. Angi reserves the right to modify the Plans at any time and in its sole discretion. The details of your selected Plan, including the price and the various benefits offered therein, might be different than those details applicable to another new or existing member who purchased the same Plan in the same market. You may check your plan details at www.angi.com on your Manage My Account page, by visiting https://www.angi.com/faq/new-member-what-are-my-membership-options/ or by contacting an Angi call center specialist.
2. REGISTRATION INFORMATION
As a condition of your use of the Service, you agree to: (a) provide Angi with true, accurate, current and complete information as prompted by the Angi’s registration forms, when registering for or using the Service; and (b) update and maintain the truthfulness, accuracy and completeness of such information.
3. MINIMUM AGE
You must be 18 years of age or older to use or register for Services.
4. USE VOID WHERE PROHIBITED
Membership in the Service is void where prohibited.
5. PRIVACY POLICY
Angi has established a Privacy Policy to explain to you, and other users, how your personal information is collected and used. This Privacy Policy is located here.
6. SERVICE FEES AND BILLING METHODS; AUTOMATIC RENEWAL
Membership Fee
Angi will charge you a membership fee in order to provide the Service. Your membership fee is the amount you were charged for one term of your Subscription or Plan, not including any promotions or discounts that may have been applied (the “Membership Fee”). For this or other reasons, the Membership Fee might be different than the amount paid by another new or existing member who purchased the same services in the same market. You may check your account online or call an Angi call center representative if you have any questions.
You acknowledge that Angi reserves the right, at any time, to modify its Membership Fees and billing methods. Membership Fees may be paid in advance by credit card, debit card, or PayPal.
Automatic Renewal
If you have paid membership Plan (e.g., Silver or Gold), Angi will automatically renew your Plan for one year at the Membership Fee for the Plan (as such Membership Fee may be modified as provided above) using the credit card, debit card or other payment information on file with Angi. Such renewal payment will take place on or about your Renewal Date. Your Plan will continue, and your payment method will be charged, the Membership Fee until you cancel the Plan, which you may do at any time (see Canceling your Plan, below).
If the payment processing for the renewal of your Plan fails for any reason, we will attempt to process your renewal for a period up to one hundred eighty (180) days in accordance with our standard renewal practices then in effect (which may be modified from time to time by Angi). Except as otherwise required by applicable law, you agree that Angi will not provide you with any notices prior to each annual renewal payment.
If you chose a free Green Plan, your Plan also will renew on your Renewal Date, but you will not be charged.
Canceling your Plan
you may cancel your Plan at any time by contacting Angi by first class certified mail at 130 E. Washington Street, Indianapolis, IN 46204 by telephone at (866) 623-6088; or by signing into your account and visiting Member Support to chat with a specialist. If you wish to avoid renewal, your cancellation request must be received by no later than 5:00 p.m. Eastern Time on the business day prior to your Renewal Date.
Membership Fee Refund Policy:
Automatic Renewal Refund—Regardless of when you joined Angi, if your Plan automatically renews and you cancel your Plan within thirty (30) days after your Renewal Date, you may request a full refund of the Membership Fee.
Under no circumstances shall refunds exceed the amount you paid for your Membership Fee during the prior membership term.
In accordance with Section 19 (Term and Termination), below, if Angi terminates your account for any reason and you are not in breach of this Agreement, Angi will refund your Membership Fee on a pro rata basis from the date of such termination to the end of the then current term.
Members are not entitled to refunds of their Membership Fee under any other circumstances.
Angi Magazine Fee
Your Plan may include access to the Angi Magazine, where applicable. A portion of your Membership Fee ($6.50 per year) will be applied to the printing and/or distribution of the Angi Magazine. This fee for the Angi Magazine may not be deducted from your Membership Fee.
Authorization to Update Credit Card Account Information; Account Updater
If the credit card or debit card provided by you to Angi has expired during an attempt to renew Membership Fees pursuant to this Section, you authorize Angi to revise the expiration date and proceed with billing using the same credit or debit card account. In addition, as a convenience to you, Angi contracts with a third-party service that refreshes expired or replaced credit card and debit card numbers with the numbers of any replacement cards so that your paid Services do not lapse because the credit card or debit card information initially on file with Angi has expired or changed (“Account Updater”).
By registering for the Service and receiving a Plan, you consent to and authorize Angi’s disclosure of your credit or debit card information to Account Updater. You further consent to the third party’s use of such information solely in connection with Account Updater. You also consent to Angi’s receipt and use of updated credit card or debit card account information from your financial institution in connection with the provision of the Service as provided in this Agreement and the Privacy Policy.
7. MOBILE APP PAYMENT
When a project has been completed, you may be offered the ability to pay your Service Professional directly via the Angi mobile application. If your Service Professional has opted in to accepting payment in that manner, you will be able to log into your Angi App, select which Service Professional you are paying, enter the amount of the payment, and input your method of payment (only credit card, Android Pay, and Apple Pay are permitted). Your Service Professional may also initiate the payment request. If you use the mobile app to pay your Service Professional but did not book your home service through Angi, you will not be eligible for the Angi Happiness Guarantee.
By paying via the mobile app, you agree that Angi is authorized to charge your method of payment for the amount selected by you in the app, and to for Angi’s payment processor, Stripe, to store such credit card information in case of future payments. The Service Professional will have sixty (60) days after you submit your payment to collect the payment. Should the Service Professional opt out of receiving payment via the mobile app at any time or fail to collect your payment within this fourteen (14) day period, you will be notified and the payment will be refunded to your method of payment. In this case, you will need to pay the Service Professional directly, and you represent and warrant that you will promptly do so for the full amount owed for your project.
You authorize Angi to confirm that your method of payment is in good standing with the issuing financial institution, including, but not limited to, by submitting a request for a payment authorization and/or a low dollar credit and/or debit to the method of payment in accordance with the relevant card association as applicable. Angi, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for the mobile app with or without cause or notice, other than any notice required by any applicable law, and not waived herein. Payments made through the mobile app are also subject to the terms and conditions governing your method of payment between you and the issuer of your method of payment. You are responsible for any charges and related fees that may be imposed under the terms and conditions of your method of payment.
You acknowledge and agree that your payments through the mobile app are transactions between you and the Service Professional and not with Angi or any of its affiliates. Angi is not a party to your payments unless expressly designated as such on the Angi website. You also agree that Angi may update your payment information, including expiration date and card number, due to information received under certain account updater programs created by payment networks. Under these programs, enrolled card issuers and merchants can provide and/or receive up to date payment card-related information from payment networks regarding your method of payment stored by Angi. Angi may reflect these changes to your stored payment information to prevent payment failure or service termination.
You also agree that a Service Professional, and Angi acting on behalf of the Service Professional, may resubmit a payment for processing one or more times in the event that a prior payment made through the mobile app is declined or returned by the payment network.
The mobile app may not be used to process a payment, or otherwise transfer money between you and a Service Professional, that is unrelated to your purchase of services from the Service Professional. You may not use the mobile app to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use the mobile app to purchase any services or products that violate these Terms, other policies or rules applicable to the mobile app, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of the mobile app and/or your Angi account.
Except as set forth in these Terms, all payments processed are non-refundable to you by Angi and are non-reversible by you through the mobile app. You may have additional refund or charge-back rights under your method of payment issuer agreement or applicable state and federal laws.
You agree to release Angi, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to payments made through the mobile app. You agree that you will not involve Angi in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with payments made through the mobile app. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of Angi and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section 27. However, nothing in this Agreement waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
Payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of paying through the mobile app through Stripe, you agree to provide Angi accurate and complete information about you, and you authorize Angi to share it and transaction information related to your use of the payment processing services provided by Stripe.
8. INCENTIVES
Angi may, from time to time and in its sole discretion, offer certain products or services as incentives (“Incentives”) to select one of the Membership Plans (e.g., a free Android tablet for members who select the Gold Plan). Angi is neither the seller nor manufacturer of the Incentives and disclaims any and all liability and warranties of any kind relating to the Incentives, the use of the Incentives, and the tax implications of receiving the Incentives. You agree that you shall not bring any action against Angi relating in any way to the Incentives. In the event that an Incentive is lost, does not operate properly, or is otherwise incorrect, unfit, or unusable in any way, you agree that Angi has no responsibility for replacing the Incentive.
9. ACCOUNT SECURITY
Angi will assign you a user ID and a password when you register. Your user ID and password may only be used by you and the members of your household (meaning anyone who currently shares with you the address you registered with Angi). You are solely responsible for maintaining and protecting the confidentiality of your user ID and password and are fully responsible for all activities that occur under your user ID and password.
10. LIMITED LICENSE TO WEBSITE AND MAGAZINE
By agreeing to the terms and conditions of this Agreement, Angi grants you a limited license to access and use the reviews and ratings offered by the Service for your personal purchase decisions. you acknowledge and agree that you will not access, reproduce, duplicate, copy, sell, re-sell, visit or otherwise exploit for any commercial, educational, or any other non-personal purpose the reviews and ratings and any content, without the express written consent of Angi.
11. SUBMISSIONS OF REVIEWS
In order for you to submit your own reviews and ratings on the Website and in the Magazine, you acknowledge and agree that:
- all of your reviews and ratings will either be based upon: (i) your actual first-hand experiences with the Service Providers you are reviewing; or (ii) as provided under Section 14 (Service Providers) below, an individual and that individual’s actual first-hand experience with a health care or wellness provider whereby you have the legal authority to disclose such health information and experience of such individual;
- all of your reviews and ratings of the Service Providers that you are rating will be accurate, truthful and complete in all respects;
- you do not work for, own any interest in, or serve on the board of directors of, any of the Service Providers for which you submit reviews and ratings;
- you do not work for, own any interest in or serve on the board of directors of any competitors of the Service Providers for which you submit reviews and ratings;
- you are not in any way related (by blood, adoption, marriage, or domestic partnership, if the Service Provider is an individual) to any of the Service Providers for which you submit reviews or ratings;
- your name and review information will be made available to the Service Providers on which you review; and
- Angi may redact, delete, or reject your reviews if they do not conform with Angi’s publication criteria, which may change from time to time at Angi’s sole discretion.
12. CONFLICT RESOLUTION PROCESS
If you have a dispute with a Service Provider and an active, qualifying Plan, you may request Angi’s assistance in communicating with that Service Provider about your desired resolution (the “Complaint Resolution Process” or the “CRP”).
You may request to participate in the CRP through our Website or by contacting a member care representative. you then will be requested to complete and return to Angi certain documentation relating to your complaint. Shortly thereafter, a member of our Complaint Resolution Team will contact you to obtain additional information and understand your desired resolution. The Complaint Resolution Team then will contact the Service Provider to explain your complaint and desired resolution and to ask the Service Provider to respond in writing within a reasonable timeframe.
If the Service Provider agrees to your desired resolution or supplies a counteroffer that you find acceptable, the case is considered resolved, your review regarding the Service Provider will be removed, and you will have the opportunity to submit updated feedback about your experience. If the Service Provider responds but does not resolve the matter as described above, your feedback shall remain unchanged.
Your participation in the CRP is at Angi’s sole discretion. We reserve the right to reject your request to participate for any reason. By participating in the CRP, you consent to have your complaint and a story about the circumstances relating to the CRP published in our monthly magazine and online publications. For complaints involving health care providers, we may ask you to sign a HIPAA (Health Insurance Portability and Accountability Act) waiver to allow the Service Provider to discuss the issue with us.
The CRP is not a legal forum and Angi does not, at any time, become a party to your dispute with the Service Provider. Angi is neither a mediator nor an arbitrator and does not provide legal advice or assistance. If you believe legal services are necessary or would be helpful to resolve your dispute with a Service Provider, Angi encourages you to consult with an attorney. Angi does not guarantee that your participation in the CRP will result in a satisfactory outcome or your desired resolution.
You agree that, by offering the CRP, Angi does not waive any of its disclaimers or limitations of liability, including without limitation those set forth under Sections 15 (Service Providers), 26 (Warranty Disclaimer), and 27 (Limitation of Liability).
You acknowledge and agree that, during the Term of your Plan, Angi may—in its sole discretion and without notice—change the CRP program, including without limitation, its name, process, and/or function.
13. CONTENT LICENSE AND PROMOTION PLACEMENT
Although Angi does not claim ownership of any of the reviews, ratings, communications, information, data, text or other materials you give us (collectively, the “Content”), by providing Content for the Website and the Magazine, you automatically grant, and you represent and warrant that you have the right to grant, to Angi an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing Angi with Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content on our Website or in the Magazine by any other party.
You understand that Angi may display, disseminate, or place Promotions near, with, or adjacent to your Content in any form or media (whether now known or subsequently created). The manner, mode, and extent of such Promotions are subject to change at Angi’s discretion and without notice to you.
14. PUBLICATION AND DISTRIBUTION OF CONTENT
Angi does not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted to or through the Service. You acknowledge that Angi simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of Content and for the publication and distribution of any content posted by Service Providers in response to Content (“Service Provider Content”). You understand that all Content and Service Provider Content posted on, transmitted through or linked through the Service, are the sole responsibility of the person from whom such Content originated. You understand that Angi does not control and is not responsible for Content or Service Provider Content made available through the Service and, that by using the Service, you may be exposed to Content that is inaccurate, misleading, or offensive. You agree that you must evaluate and make your own judgment and bear all risks associated with the use of any Content and Service Provider Content.
You further acknowledge that Angi has no obligation to screen, preview, monitor or approve any Content or Service Provider Content or Content posted or submitted by any other Angi member or any Service Provider. However, Angi reserves the right to review and delete any Content that, in its sole judgment, violates the terms and conditions of this Agreement. By using the Service, you agree that it is solely YOUR RESPONSIBILITY to evaluate your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any Content that you submit, receive, access, transmit or otherwise convey through the Service. Under no circumstances will Angi be liable in any way for any Content or Service Provider Content, including, but not limited to, any Content or Service Provider Content that contains any errors, omissions, defamatory statements, or confidential or private information (including, but not limited to, health information) or for any loss or damage of any kind incurred as a result of the use of any Content or Service Provider Content submitted, accessed, transmitted or otherwise conveyed via the Service. you waive the right to bring or assert any claim against Angi relating to Content or Service Provider Content, and release Angi from any and all liability for or relating to any Content or Service Provider Content.
15. SERVICE PROVIDERS
Angi does not endorse and is not responsible or liable for any Content, Service Provider Content, Promotions, data, advertising, products, goods or services available or unavailable from, or through, any Service Providers (which includes, but is not limited to, health care and wellness providers). you agree that should you use or rely on such Content, Service Provider Content, Promotions, data, advertisement, products, goods or services, available or unavailable from, or through any Service Provider (which includes, but is not limited to, health care and wellness providers), Angi is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. your dealings with, or participation in promotions of any Service Provider (which includes, but is not limited to, health care and wellness providers), and any other terms, conditions, representations or warranties associated with such dealings, are between you and such Service Provider (which includes, but is not limited to, health care and wellness providers) exclusively and do not involve Angi. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging Service Providers (which includes, but is not limited to, health care and wellness providers).
You agree that Angi is not responsible for the accessibility or unavailability of any Service Provider (which includes, but is not limited to, health care and wellness providers) or for your interactions and dealings with them, waive the right to bring or assert any claim against Angi relating to any interactions or dealings with any Service Provider (which includes, but is not limited to, health care and wellness providers), and release Angi from any and all liability for or relating to any interactions or dealings with Service Providers (which includes, but is not limited to, health care and wellness providers). In addition, you agree that Angi may exclude Service Providers from displaying in search results on the Angi Website for failing to meet particular Angi standards regarding Service Provider conduct. In addition, you understand that Angi may exclude Service Providers from displaying in search results on the Angi Website for failing to meet particular Angi standards regarding Service Provider conduct and performance.
Angi may, in its sole discretion, have criminal and/or financial background checks conducted on certain Service Providers. By having such background checks conducted, ANGI DOES NOT WAIVE ANY OF ITS DISCLAIMER OR LIMITATIONS OF LIABILITY, INCLUDING WITHOUT LIMITATION, THOSE SET FORTH UNDER THIS SECTION, SECTION 25 (WARRANTY DISCLAIMER), OR SECTION 26 (LIMITATION OF LIABILITY).
16. HEALTH RELATED PROVIDERS
The contents of the Angi Website, such as text, graphics, images, information obtained from Angi’s, and other material contained on the Angi Website (“Website Content”) are for informational purposes only. The Website Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Angi Website.
If you think you may have a medical emergency, call your doctor or 911 immediately. Angi does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Website. Angi is not a health or wellness provider and cannot recommend or refer you to any health or wellness provider. Reliance on any information provided by Angi, Angi employees, others appearing on the Website at the invitation of Angi, or other visitors to the Website is solely at your own risk.
The Website may contain health-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Website.
You should be aware that if you post any health-related information about yourself or anyone else on this Website, you do so at your own risk. If you post Website Content about services rendered to another individual, you represent that you have the legal authority to receive health information about that individual and related to the Website Content from that individual’s health care providers and that you have the legal authority to further disclose such health information. If you post health-related information, you will be placing it into the public domain and it will not be protected by any federal or state laws that protect the privacy of health information. You also acknowledge that the health care or wellness provider about whom you submit Content may submit Service Provider Content that contain your private or confidential health information in response to Content you submit. Angi is not liable for any such Service Provider Content. Please see Section 14 (Publication and Distribution of Content) above for more information about Angi’s responsibilities related to Service Provider Content. Except as otherwise provided in this Agreement, neither Angi, nor any of its users, has any legal obligation to keep your health information confidential if you post it to this Website and it may be used for purposes that are unintended by you or Angi.
17. YOUR CONDUCT
In connection with your use of the Service, you represent and warrant that you:
- are above the age of eighteen (18);
- will abide by the letter and spirit of the terms and conditions of this Agreement and all applicable local, state, national or international laws;
- will not submit any reviews that may be considered by Angi to be unlawful, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, invasive of another person’s privacy or proprietary rights, or racially, ethnically or otherwise objectionable;
- will submit thorough and thoughtful reviews of the Service Providers you review (for example, submitting a review describing a service contractor as “He/She is great.” without additional commentary is not a thorough and thoughtful review);
- will not submit reviews that comment on other users or the reviews of other users;
- will not impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Angi, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating;
- will not submit reviews that are encrypted or that contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots, or other computer programming routines that are intended to damage, interfere with, disrupt, impair, disable or otherwise overburden our Website;
- will not access, download or copy any information contained on our Website through artificial means (including but not limited to spiders, hacking devices, computer programs, bots or other such means);
- will not post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
- will not take any action that would undermine the review and rating process under the Service;
- will not attempt to gain unauthorized access to the Service, other user accounts, or other computer systems or networks connected to the Service;
- will not use the Service in any manner that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any material that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
- will not use the Service in any way that could interfere with the rights of Angi or the rights of other users of the Service;
- have sufficient rights in and to all Content that you provide, transmit or otherwise convey to Angi in connection with the Service;
- agree not to re-sell or assign your rights or obligations under this Agreement;
- will not reproduce, duplicate, copy, sell, re-sell or exploit any Content;
- will not access any Content for any commercial, educational or other purposes not related to your personal purchasing decisions, the express written consent of Angi, which consent may be withheld by Angi in our discretion;
- grant us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute the Content and to prepare derivative works of, or to incorporate such Content into other works, and to grant and to authorize sublicenses of the foregoing;
- agree not to create an account or use Angi services if your account previously has been terminated by Angi or if you previously have been banned from using the services; and
- agree not to: (i) register for more than one account or register for an account on behalf of an individual other than yourself; (ii) impersonate any person or entity, including, but not limited to, Angi personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity; or (iii) advocate, encourage or assist any third party in doing any of the foregoing activities in this subsection.
The reviews and ratings that you provide do not reflect the views of Angi, its officers, managers, owners, employees, agents, designees or other users. In addition, Angi retains the right, in its sole discretion, to determine whether or not your use of the Service is consistent with the terms and conditions of this Agreement. Angi may suspend, restrict or terminate your use of the Service and to refuse any future use of all or portions of the Service if your use breaches or fails to comply with any of the terms and conditions of this Agreement. Additionally, Angi may seek any and all other remedies available to it, including: (a) seeking injunctive relief with any court of competent jurisdiction to enjoin any breach or failure to comply with any of the terms and conditions of this Agreement; and/or (b) if damages are ascertainable, seeking damages relating to any breach or failure to comply with any of the terms and conditions of this Agreement.
18. DISCLOSURE OF INFORMATION
As Angi continues to develop its business, it might sell or buy other companies or assets or be acquired or have substantially all of its assets acquired by a third party. In such transactions, customer information generally is one of the transferred business assets. you hereby consent to the transfer of your information as one of the transferred assets and to be used for any purpose allowed under this Agreement.
19. TERM AND TERMINATION
The term of this Agreement (“Term”) will be in effect and continue so long as you have an active Subscription or Plan. In other words, the Term shall continue through each automatic Plan renewal until termination by either party in accordance with the terms of this Agreement.
Angi may, for any reason in its sole discretion, immediately terminate this Agreement, your account, and your access to the Service. If Angi merely terminates your account for its convenience and you are not in breach of this Agreement, Angi will refund your Membership Fee on a pro rata basis from the date of such termination to the end of the then current term.
Termination of your account will include removal of your access to all offerings of the Service, deletion of your password, deletion of all related information and files, may include the deletion of the Content associated with your account (or any part thereof), and barring your further use of the Service.
20. MODIFICATION OF TERMS AND CONDITIONS
Angi will have the right to modify and restate the terms and conditions of this Agreement, and such modification(s) will be effective immediately upon being posted on our Website www.angi.com). you will receive notice if modifications to the Agreement are made. Angi will make note of the date of the last update to the Agreement on the first page of this Agreement. you are responsible for reviewing these terms and conditions regularly. your continued use of the Service after such modifications will be deemed to be your conclusive acceptance of all modifications to this Agreement. If you are dissatisfied as a result of such modification(s), your only recourse is to immediately discontinue use of the Service.
21. MODIFICATION, LIMITATION AND DISCONTINUANCE OF SERVICE
Angi reserves the right at any time to limit access to, modify, change or discontinue the Service with or without notice to you and we shall not be liable to you for any such modification, suspension or discontinuance of the Service. you agree that Angi will not be liable to you or to any third party for any such limitation, modification, change, suspension or discontinuance of the Service. you agree that Angi may establish general practices, policies and limits, which may or may not be published, concerning the use of the Service, including without limitation, the time that reviews and ratings will be retained, the maximum number of reviews and ratings that may be sent from an account, the length of reviews and ratings sent, and the maximum number of times and the maximum duration for which you may access the Service in a given period of time. you agree that Angi has no responsibility or liability for the deletion or failure to store any reviews, ratings and other communications maintained or transmitted by or through the Service. you agree that Angi has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
22. DELAYS
The Service may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. Angi is not responsible for any delays, failures or other damage resulting from such problems.
23. USER FEEDBACK
Angi appreciates hearing from you, as well as our other users, and welcomes your comments regarding our Service. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, or materials other than those which we have specifically requested. Although we do value your feedback on our Service, please be specific in your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts or other information (collectively, the “Submissions”), such Submissions will be the property of Angi. In addition, none of the Submissions will be subject to any obligations of confidentiality and Angi will not be liable for any future use or disclosure of such Submissions.
24. NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California web users are entitled to the following specific consumer rights notice: The Services are provided by Angie’s List, Inc. d/b/a Angi, 130 E. Washington St., Indianapolis, Indiana 46204. If you have any questions, concerns, or complaints regarding the Services, please contact Angi, Inc. by (i) signing into your account and visiting Member Support to chat with a specialist; or (ii) sending a letter, first class certified mail, to Angie’s List, Inc. d/b/a Angi, 130 East Washington, Indianapolis, Indiana 46204, Attn: Customer Care.
California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
25. COPYRIGHT MATERIALS
Aside from user-submitted Content and Service Provider Content, all other materials and other information on the Website and the Magazine, including, but not limited to, all text, graphics, logos, icons, images, audio clips, downloads, data compilations and software (collectively, the “Copyright Materials”) are the exclusive property of Angi and/or its licensors and are protected by all United States and international copyright laws.
26. WARRANTY DISCLAIMER
You understand and agree that THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT ANGI ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE TIMELINESS, DELETION OF CONTENT OR FAILURE BY THE SERVICE. ANGI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (D) ANY CONTENT OR INFORMATION YOU PROVIDE OR ANGI COLLECTS WILL NOT BE DISCLOSED OR (E) ANY ERRORS IN ANY SERVICE WILL BE CORRECTED. YOU AGREE THAT USE OF THE SERVICE AND THE WEBSITE IS AT YOUR OWN RISK. In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to you as they relate to implied warranties.
27. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANGI WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ANGI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICE; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICE; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICE; (E) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY THROUGH THE SERVICE; (F) ANY OTHER MATTER RELATING TO THE SERVICE; (G) ANY BREACH OF THIS AGREEMENT BY ANGI OR THE FAILURE OF ANGI TO PROVIDE THE SERVICE UNDER THIS AGREEMENT OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY SERVICE PROVIDERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.
TO THE EXTENT ANGI IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICE, ANGI’S LIABILITY FOR DAMAGES WILL NOT EXCEED THE EQUIVALENT OF ONE (1) MONTH OF YOUR MEMBERSHIP FEE (I.E., THE AMOUNT OF YOUR ANNUAL MEMBERSHIP FEE DIVIDED BY TWELVE).
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ANGI CONTRACTS WITH A THIRD PARTY TO PROCESS YOUR PAYMENT OF MEMBERSHIP FEES TO ANGI THROUGH THE USE OF A CREDIT CARD (A “CREDIT CARD PROCESSOR”). YOU UNDERSTAND AND AGREE THAT NEITHER A CREDIT CARD PROCESSOR NOR ANY OTHER PARTY INVOLVED IN THE CREDIT CARD PROCESSING PROCESS FOR ANGI, INCLUDING, BUT NOT LIMITED TO, THE COMPANY ISSUING THE CREDIT CARD TO YOU AND THE MERCHANT BANK (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL BE LIABLE FOR ANY DAMAGES (AS DEFINED HEREIN AND SUBJECT TO THE LIMITATIONS SET FORTH IN THIS SECTION SUFFERED BY YOU AS A RESULT OF THE FAILURE OF ANGI TO PROVIDE SERVICES TO YOU UNDER THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT BY ANGI. YOU HEREBY RELEASE EACH OF THE RELEASED PARTIES FROM ANY AND ALL DAMAGES YOU MAY SUFFER AS A RESULT OF THE FAILURE OF ANGI TO PROVIDE SERVICES TO YOU UNDER THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT BY ANGI. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FOR ANY AND ALL DAMAGES IT MAY SUFFER AS A RESULT OF YOUR BREACH OF THIS SECTION. YOU HEREBY UNDERSTAND AND AGREE THAT ANGI SHALL BE SOLELY LIABLE FOR THE PAYMENT OF ANY DAMAGES TO YOU UNDER THIS AGREEMENT.
28. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Angi, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of this Agreement by you; (b) the inaccurate or untruthful Content or other information provided by you to Angi or that you submit, transmit or otherwise make available through the Service; or (c) any intentional or willful violation of any rights of another or harm you may have caused to another. Angi will have sole control of the defense of any such damage or claim.
29. BREACH OF AGREEMENT AND LIQUIDATED DAMAGES
You understand and agree that, because damages are often difficult to calculate, if it becomes necessary for Angi to pursue legal action to enforce the terms and conditions of this Agreement, you will be liable to pay us the following amounts as liquidated damages, which you accept as reasonable estimates of Angi’s damages for the specified breaches of this Agreement:
If you post Content in violation of this Agreement, you agree to promptly pay Angi One Thousand Dollars ($1,000) for each item of Content posted in violation of this Agreement. We may (but shall not be required to) to issue you a warning before assessing damages.
If you display, copy, duplicate, reproduce, sell, re-sell or exploit for any purpose any Content in violation of this Agreement, you agree to pay One Thousand Dollars ($1,000) for each item of Content displayed, copied, duplicated, reproduced, sold, re-sold or exploited in violation of this Agreement
If you use computer programming routines that are intended to aggregate records or reviews from the Service or otherwise damage, interfere with, disrupt, impair, disable or otherwise overburden our Website, you agree to pay One Hundred Dollars ($100) for each review or record that is aggregated, disrupted, damaged or otherwise affected by you.
Except as set forth in the foregoing subsections (a) through (c), inclusive, you agree to pay the actual damages suffered by Angi, including, but not limited to attorneys’ fees and court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of this Agreement, we reserve the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in this Agreement, or any combination thereof.
30. NOTICE
You agree that Angi may communicate any notices to you under this Agreement, through electronic mail, regular mail or posting the notices on the Website. All notices to Angi will be provided by sending a letter, first class certified mail, to Angie’s List, d/b/a Angi, 130 East Washington, Indianapolis, Indiana 46204, Attn: Customer Care. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.
In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), Angi will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is:
Angie’s List, Inc. d/b/a Angi
130 E. Washington St.
Indianapolis, IN 46204
Attn: Copyright Agent
Email: [email protected]
130 E. Washington St.
Indianapolis, IN 46204
Attn: Copyright Agent
Email: [email protected]
If you are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that your work’s copyright or trademark has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
- a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Angi will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
31. ENTIRE AGREEMENT
This Agreement governs your use of the Service and constitutes the entire agreement between you and Angi. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and Angi regarding the subject matter contained in this Agreement. Additional terms and conditions may exist between you and third parties, including but not limited to, Service Providers and others. you represent and warrant that those third-party agreements do not interfere with your obligations and duties to Angi under this Agreement.
32. MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and Angi, including without limitation any dispute or claim related to or arising out of this Agreement ("Dispute"), you and Angi may attempt to negotiate any Dispute informally (the "Informal Negotiations") before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this Section is your physical address that you have provided to Angi. Angi's address for such notices is: Angie’s List, Inc., d/b/a Angi, Attn: Legal Department, 130 E. Washington St., Indianapolis, IN 46204.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and Angi agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration ("Arbitration Agreement"). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, Angi will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the "Class Action Waiver" described in Subsection (4) below.
- Excluded Disputes. You and Angi agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for injunctive relief.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. To fullest extent permitted by applicable law, You and Angi agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action ("Class Action Waiver"). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and Angi agree that if any portion of this Section entitled "Mutual Arbitration Agreement" is found illegal or unenforceable, that portion will be severed, and the remainder of this Section will be given full force and effect.
33. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, without giving effect to any choice or conflict of law provision or rule (either of the State of Indiana or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Indiana. You agree and consent to the exclusive jurisdiction of the state or federal courts located in Marion County, Indiana and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court.
34. PROVISIONS REMAINING IN EFFECT
In the event your Plan with Angi is terminated or lapses or you are no longer a user of Angi, certain provisions of this Agreement will continue to remain in effect, including, but not limited to, Sections 13, 15, 16, 18 and 25 through 32.
35. MISCELLANEOUS
This Agreement may not be re-sold or assigned by you. If you assign, or try to assign, this Agreement, such assignment or attempted assignment will be void and unenforceable. It will not be considered a waiver of Angi’s rights if Angi fails to enforce any of the terms or conditions of this Agreement against you. In the event a court finds a provision in this Agreement to not be valid, you and Angi agree that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid in the Agreement. No joint venture, partnership, employment or agency relationship exists between you and Angi as a result of this Agreement or use of the Service. you acknowledge and agree that each of the Released Parties shall be an intended third-party beneficiary of this Agreement.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SERVICE. BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Effective March 17, 2021 to August 5, 2021
DownloadTable of Contents
Angi Membership Agreement
Last updated on March 17, 2021
Angie’s List, Inc. d/b/a Angi (“Angi”) displays reviews and ratings on a variety of service contractors and healthcare providers (collectively, “Service Providers”) to allow you, the user, the opportunity to read about the experiences other users have had with these Service Providers and to provide your own reviews and ratings on the Service Providers you use. Angi also operates certain products whereby Angi facilitates the offer, sale, and/or marketing of certain promotions, discounts, coupons, vouchers, e-commerce offers, or deals (collectively, “Promotions”). All products and services described in this Section, as well as any other products and services offered by Angi at any time shall be defined herein as “Service” or “Services.”
In order to use the Service, you must read and accept all of the terms and conditions in, and linked to, this Membership Agreement (this “Agreement”). This Agreement may be modified by Angi from time to time at our sole discretion, and you will receive notice if modifications to the Agreement are made. We strongly recommend that, as you read this Agreement, you also access and read the linked information. By accepting this Agreement, you also agree that your use of some Angi-branded websites or other websites we operate may be governed by separate terms and conditions, agreements and privacy policies.
BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS AND NOTICES CONTAINED IN THIS AGREEMENT JUST AS IF YOU HAD SIGNED THIS AGREEMENT.
1. ANGI SERVICE
Angi displays consumer reviews and ratings on a variety of Service Providers based upon the actual first-hand experiences those consumers had with those Service Providers and also provides you with the opportunity to provide your own reviews and ratings on the Service Providers with whom you have first-hand experiences.
(a) Angi Subscriptions and Plans
Angi members have one of the following annual membership plans: Green, Silver, or Gold (“Plans”).
You may log in to www.angi.com and check your Manage My Account page to confirm which Subscription or Plan you currently have. you may learn about the various benefits offered in each Plan by visiting https://www.angi.com/faq/new-member-what-are-my-membership-options/.
(b) Angi earns revenue from Angi Subscriptions and Service Providers who meet certain eligibility requirements and pay Angi to advertise their services to you (“Advertisers”). For example, Advertisers can pay Angi to offer Promotions on the website, through the Call Center, in the Angi magazine, through enhanced profiles, direct mail, or other services. Unless otherwise prohibited by law, Advertisers offering Promotions typically offer a discount or benefit to Angi’s members.
(c) Membership Benefits
The benefits of your Angi Plan are available only while your Plan is active and your Angi account is in good standing. Angi reserves the right to modify the Plans at any time and in its sole discretion. The details of your selected Plan, including the price and the various benefits offered therein, might be different than those details applicable to another new or existing member who purchased the same Plan in the same market. You may check your plan details at www.angi.com on your Manage My Account page, by visiting https://www.angi.com/faq/new-member-what-are-my-membership-options/ or by contacting an Angi call center specialist.
2. REGISTRATION INFORMATION
As a condition of your use of the Service, you agree to: (a) provide Angi with true, accurate, current and complete information as prompted by the Angi’s registration forms, when registering for or using the Service; and (b) update and maintain the truthfulness, accuracy and completeness of such information.
3. MINIMUM AGE
You must be 18 years of age or older to use or register for Services.
4. USE VOID WHERE PROHIBITED
Membership in the Service is void where prohibited.
5. PRIVACY POLICY
Angi has established a Privacy Policy to explain to you, and other users, how your personal information is collected and used. This Privacy Policy is located here.
6. SERVICE FEES AND BILLING METHODS; AUTOMATIC RENEWAL
Membership Fee
Angi will charge you a membership fee in order to provide the Service. Your membership fee is the amount you were charged for one term of your Subscription or Plan, not including any promotions or discounts that may have been applied (the “Membership Fee”). For this or other reasons, the Membership Fee might be different than the amount paid by another new or existing member who purchased the same services in the same market. You may check your account online or call an Angi call center representative if you have any questions.
You acknowledge that Angi reserves the right, at any time, to modify its Membership Fees and billing methods. Membership Fees may be paid in advance by credit card, debit card, or PayPal.
Automatic Renewal
If you have paid membership Plan (e.g., Silver or Gold), Angi will automatically renew your Plan for one year at the Membership Fee for the Plan (as such Membership Fee may be modified as provided above) using the credit card, debit card or other payment information on file with Angi. Such renewal payment will take place on or about your Renewal Date. Your Plan will continue, and your payment method will be charged, the Membership Fee until you cancel the Plan, which you may do at any time (see Canceling your Plan, below).
If the payment processing for the renewal of your Plan fails for any reason, we will attempt to process your renewal for a period up to one hundred eighty (180) days in accordance with our standard renewal practices then in effect (which may be modified from time to time by Angi). Except as otherwise required by applicable law, you agree that Angi will not provide you with any notices prior to each annual renewal payment.
If you chose a free Green Plan, your Plan also will renew on your Renewal Date, but you will not be charged.
Canceling your Plan
you may cancel your Plan at any time by contacting Angi by first class certified mail at 130 E. Washington Street, Indianapolis, IN 46204 by telephone at (866) 623-6088; or by signing into your account and visiting Member Support to chat with a specialist. If you wish to avoid renewal, your cancellation request must be received by no later than 5:00 p.m. Eastern Time on the business day prior to your Renewal Date.
Membership Fee Refund Policy:
Automatic Renewal Refund—Regardless of when you joined Angi, if your Plan automatically renews and you cancel your Plan within thirty (30) days after your Renewal Date, you may request a full refund of the Membership Fee.
Under no circumstances shall refunds exceed the amount you paid for your Membership Fee during the prior membership term.
In accordance with Section 19 (Term and Termination), below, if Angi terminates your account for any reason and you are not in breach of this Agreement, Angi will refund your Membership Fee on a pro rata basis from the date of such termination to the end of the then current term.
Members are not entitled to refunds of their Membership Fee under any other circumstances.
Angi Magazine Fee
Your Plan may include access to the Angi Magazine, where applicable. A portion of your Membership Fee ($6.50 per year) will be applied to the printing and/or distribution of the Angi Magazine. This fee for the Angi Magazine may not be deducted from your Membership Fee.
Authorization to Update Credit Card Account Information; Account Updater
If the credit card or debit card provided by you to Angi has expired during an attempt to renew Membership Fees pursuant to this Section, you authorize Angi to revise the expiration date and proceed with billing using the same credit or debit card account. In addition, as a convenience to you, Angi contracts with a third-party service that refreshes expired or replaced credit card and debit card numbers with the numbers of any replacement cards so that your paid Services do not lapse because the credit card or debit card information initially on file with Angi has expired or changed (“Account Updater”).
By registering for the Service and receiving a Plan, you consent to and authorize Angi’s disclosure of your credit or debit card information to Account Updater. You further consent to the third party’s use of such information solely in connection with Account Updater. You also consent to Angi’s receipt and use of updated credit card or debit card account information from your financial institution in connection with the provision of the Service as provided in this Agreement and the Privacy Policy.
7. MOBILE APP PAYMENT
When a project has been completed, you may be offered the ability to pay your Service Professional directly via the Angi mobile application. If your Service Professional has opted in to accepting payment in that manner, you will be able to log into your Angi App, select which Service Professional you are paying, enter the amount of the payment, and input your method of payment (only credit card, Android Pay, and Apple Pay are permitted). Your Service Professional may also initiate the payment request. If you use the mobile app to pay your Service Professional but did not book your home service through Angi, you will not be eligible for the Angi Happiness Guarantee.
By paying via the mobile app, you agree that Angi is authorized to charge your method of payment for the amount selected by you in the app, and to for Angi’s payment processor, Stripe, to store such credit card information in case of future payments. The Service Professional will have sixty (60) days after you submit your payment to collect the payment. Should the Service Professional opt out of receiving payment via the mobile app at any time or fail to collect your payment within this fourteen (14) day period, you will be notified and the payment will be refunded to your method of payment. In this case, you will need to pay the Service Professional directly, and you represent and warrant that you will promptly do so for the full amount owed for your project.
You authorize Angi to confirm that your method of payment is in good standing with the issuing financial institution, including, but not limited to, by submitting a request for a payment authorization and/or a low dollar credit and/or debit to the method of payment in accordance with the relevant card association as applicable. Angi, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for the mobile app with or without cause or notice, other than any notice required by any applicable law, and not waived herein. Payments made through the mobile app are also subject to the terms and conditions governing your method of payment between you and the issuer of your method of payment. You are responsible for any charges and related fees that may be imposed under the terms and conditions of your method of payment.
You acknowledge and agree that your payments through the mobile app are transactions between you and the Service Professional and not with Angi or any of its affiliates. Angi is not a party to your payments unless expressly designated as such on the Angi website. You also agree that Angi may update your payment information, including expiration date and card number, due to information received under certain account updater programs created by payment networks. Under these programs, enrolled card issuers and merchants can provide and/or receive up to date payment card-related information from payment networks regarding your method of payment stored by Angi. Angi may reflect these changes to your stored payment information to prevent payment failure or service termination.
You also agree that a Service Professional, and Angi acting on behalf of the Service Professional, may resubmit a payment for processing one or more times in the event that a prior payment made through the mobile app is declined or returned by the payment network.
The mobile app may not be used to process a payment, or otherwise transfer money between you and a Service Professional, that is unrelated to your purchase of services from the Service Professional. You may not use the mobile app to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use the mobile app to purchase any services or products that violate these Terms, other policies or rules applicable to the mobile app, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of the mobile app and/or your Angi account.
Except as set forth in these Terms, all payments processed are non-refundable to you by Angi and are non-reversible by you through the mobile app. You may have additional refund or charge-back rights under your method of payment issuer agreement or applicable state and federal laws.
You agree to release Angi, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to payments made through the mobile app. You agree that you will not involve Angi in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with payments made through the mobile app. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of Angi and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section 27. However, nothing in this Agreement waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
Payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of paying through the mobile app through Stripe, you agree to provide Angi accurate and complete information about you, and you authorize Angi to share it and transaction information related to your use of the payment processing services provided by Stripe.
8. INCENTIVES
Angi may, from time to time and in its sole discretion, offer certain products or services as incentives (“Incentives”) to select one of the Membership Plans (e.g., a free Android tablet for members who select the Gold Plan). Angi is neither the seller nor manufacturer of the Incentives and disclaims any and all liability and warranties of any kind relating to the Incentives, the use of the Incentives, and the tax implications of receiving the Incentives. You agree that you shall not bring any action against Angi relating in any way to the Incentives. In the event that an Incentive is lost, does not operate properly, or is otherwise incorrect, unfit, or unusable in any way, you agree that Angi has no responsibility for replacing the Incentive.
9. ACCOUNT SECURITY
Angi will assign you a user ID and a password when you register. Your user ID and password may only be used by you and the members of your household (meaning anyone who currently shares with you the address you registered with Angi). You are solely responsible for maintaining and protecting the confidentiality of your user ID and password and are fully responsible for all activities that occur under your user ID and password.
10. LIMITED LICENSE TO WEBSITE AND MAGAZINE
By agreeing to the terms and conditions of this Agreement, Angi grants you a limited license to access and use the reviews and ratings offered by the Service for your personal purchase decisions. you acknowledge and agree that you will not access, reproduce, duplicate, copy, sell, re-sell, visit or otherwise exploit for any commercial, educational, or any other non-personal purpose the reviews and ratings and any content, without the express written consent of Angi.
11. SUBMISSIONS OF REVIEWS
In order for you to submit your own reviews and ratings on the Website and in the Magazine, you acknowledge and agree that:
- all of your reviews and ratings will either be based upon: (i) your actual first-hand experiences with the Service Providers you are reviewing; or (ii) as provided under Section 14 (Service Providers) below, an individual and that individual’s actual first-hand experience with a health care or wellness provider whereby you have the legal authority to disclose such health information and experience of such individual;
- all of your reviews and ratings of the Service Providers that you are rating will be accurate, truthful and complete in all respects;
- you do not work for, own any interest in, or serve on the board of directors of, any of the Service Providers for which you submit reviews and ratings;
- you do not work for, own any interest in or serve on the board of directors of any competitors of the Service Providers for which you submit reviews and ratings;
- you are not in any way related (by blood, adoption, marriage, or domestic partnership, if the Service Provider is an individual) to any of the Service Providers for which you submit reviews or ratings;
- your name and review information will be made available to the Service Providers on which you review; and
- Angi may redact, delete, or reject your reviews if they do not conform with Angi’s publication criteria, which may change from time to time at Angi’s sole discretion.
12. CONFLICT RESOLUTION PROCESS
If you have a dispute with a Service Provider and an active, qualifying Plan, you may request Angi’s assistance in communicating with that Service Provider about your desired resolution (the “Complaint Resolution Process” or the “CRP”).
You may request to participate in the CRP through our Website or by contacting a member care representative. you then will be requested to complete and return to Angi certain documentation relating to your complaint. Shortly thereafter, a member of our Complaint Resolution Team will contact you to obtain additional information and understand your desired resolution. The Complaint Resolution Team then will contact the Service Provider to explain your complaint and desired resolution and to ask the Service Provider to respond in writing within a reasonable timeframe.
If the Service Provider agrees to your desired resolution or supplies a counteroffer that you find acceptable, the case is considered resolved, your review regarding the Service Provider will be removed, and you will have the opportunity to submit updated feedback about your experience. If the Service Provider responds but does not resolve the matter as described above, your feedback shall remain unchanged.
Your participation in the CRP is at Angi’s sole discretion. We reserve the right to reject your request to participate for any reason. By participating in the CRP, you consent to have your complaint and a story about the circumstances relating to the CRP published in our monthly magazine and online publications. For complaints involving health care providers, we may ask you to sign a HIPAA (Health Insurance Portability and Accountability Act) waiver to allow the Service Provider to discuss the issue with us.
The CRP is not a legal forum and Angi does not, at any time, become a party to your dispute with the Service Provider. Angi is neither a mediator nor an arbitrator and does not provide legal advice or assistance. If you believe legal services are necessary or would be helpful to resolve your dispute with a Service Provider, Angi encourages you to consult with an attorney. Angi does not guarantee that your participation in the CRP will result in a satisfactory outcome or your desired resolution.
You agree that, by offering the CRP, Angi does not waive any of its disclaimers or limitations of liability, including without limitation those set forth under Sections 15 (Service Providers), 26 (Warranty Disclaimer), and 27 (Limitation of Liability).
You acknowledge and agree that, during the Term of your Plan, Angi may—in its sole discretion and without notice—change the CRP program, including without limitation, its name, process, and/or function.
13. CONTENT LICENSE AND PROMOTION PLACEMENT
Although Angi does not claim ownership of any of the reviews, ratings, communications, information, data, text or other materials you give us (collectively, the “Content”), by providing Content for the Website and the Magazine, you automatically grant, and you represent and warrant that you have the right to grant, to Angi an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing Angi with Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content on our Website or in the Magazine by any other party.
You understand that Angi may display, disseminate, or place Promotions near, with, or adjacent to your Content in any form or media (whether now known or subsequently created). The manner, mode, and extent of such Promotions are subject to change at Angi’s discretion and without notice to you.
14. PUBLICATION AND DISTRIBUTION OF CONTENT
Angi does not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted to or through the Service. You acknowledge that Angi simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of Content and for the publication and distribution of any content posted by Service Providers in response to Content (“Service Provider Content”). You understand that all Content and Service Provider Content posted on, transmitted through or linked through the Service, are the sole responsibility of the person from whom such Content originated. You understand that Angi does not control and is not responsible for Content or Service Provider Content made available through the Service and, that by using the Service, you may be exposed to Content that is inaccurate, misleading, or offensive. You agree that you must evaluate and make your own judgment and bear all risks associated with the use of any Content and Service Provider Content.
You further acknowledge that Angi has no obligation to screen, preview, monitor or approve any Content or Service Provider Content or Content posted or submitted by any other Angi member or any Service Provider. However, Angi reserves the right to review and delete any Content that, in its sole judgment, violates the terms and conditions of this Agreement. By using the Service, you agree that it is solely YOUR RESPONSIBILITY to evaluate your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any Content that you submit, receive, access, transmit or otherwise convey through the Service. Under no circumstances will Angi be liable in any way for any Content or Service Provider Content, including, but not limited to, any Content or Service Provider Content that contains any errors, omissions, defamatory statements, or confidential or private information (including, but not limited to, health information) or for any loss or damage of any kind incurred as a result of the use of any Content or Service Provider Content submitted, accessed, transmitted or otherwise conveyed via the Service. you waive the right to bring or assert any claim against Angi relating to Content or Service Provider Content, and release Angi from any and all liability for or relating to any Content or Service Provider Content.
15. SERVICE PROVIDERS
Angi does not endorse and is not responsible or liable for any Content, Service Provider Content, Promotions, data, advertising, products, goods or services available or unavailable from, or through, any Service Providers (which includes, but is not limited to, health care and wellness providers). you agree that should you use or rely on such Content, Service Provider Content, Promotions, data, advertisement, products, goods or services, available or unavailable from, or through any Service Provider (which includes, but is not limited to, health care and wellness providers), Angi is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. your dealings with, or participation in promotions of any Service Provider (which includes, but is not limited to, health care and wellness providers), and any other terms, conditions, representations or warranties associated with such dealings, are between you and such Service Provider (which includes, but is not limited to, health care and wellness providers) exclusively and do not involve Angi. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging Service Providers (which includes, but is not limited to, health care and wellness providers).
You agree that Angi is not responsible for the accessibility or unavailability of any Service Provider (which includes, but is not limited to, health care and wellness providers) or for your interactions and dealings with them, waive the right to bring or assert any claim against Angi relating to any interactions or dealings with any Service Provider (which includes, but is not limited to, health care and wellness providers), and release Angi from any and all liability for or relating to any interactions or dealings with Service Providers (which includes, but is not limited to, health care and wellness providers). In addition, you agree that Angi may exclude Service Providers from displaying in search results on the Angi Website for failing to meet particular Angi standards regarding Service Provider conduct. In addition, you understand that Angi may exclude Service Providers from displaying in search results on the Angi Website for failing to meet particular Angi standards regarding Service Provider conduct and performance.
Angi may, in its sole discretion, have criminal and/or financial background checks conducted on certain Service Providers. By having such background checks conducted, ANGI DOES NOT WAIVE ANY OF ITS DISCLAIMER OR LIMITATIONS OF LIABILITY, INCLUDING WITHOUT LIMITATION, THOSE SET FORTH UNDER THIS SECTION, SECTION 25 (WARRANTY DISCLAIMER), OR SECTION 26 (LIMITATION OF LIABILITY).
16. HEALTH RELATED PROVIDERS
The contents of the Angi Website, such as text, graphics, images, information obtained from Angi’s, and other material contained on the Angi Website (“Website Content”) are for informational purposes only. The Website Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Angi Website.
If you think you may have a medical emergency, call your doctor or 911 immediately. Angi does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Website. Angi is not a health or wellness provider and cannot recommend or refer you to any health or wellness provider. Reliance on any information provided by Angi, Angi employees, others appearing on the Website at the invitation of Angi, or other visitors to the Website is solely at your own risk.
The Website may contain health-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Website.
You should be aware that if you post any health-related information about yourself or anyone else on this Website, you do so at your own risk. If you post Website Content about services rendered to another individual, you represent that you have the legal authority to receive health information about that individual and related to the Website Content from that individual’s health care providers and that you have the legal authority to further disclose such health information. If you post health-related information, you will be placing it into the public domain and it will not be protected by any federal or state laws that protect the privacy of health information. You also acknowledge that the health care or wellness provider about whom you submit Content may submit Service Provider Content that contain your private or confidential health information in response to Content you submit. Angi is not liable for any such Service Provider Content. Please see Section 14 (Publication and Distribution of Content) above for more information about Angi’s responsibilities related to Service Provider Content. Except as otherwise provided in this Agreement, neither Angi, nor any of its users, has any legal obligation to keep your health information confidential if you post it to this Website and it may be used for purposes that are unintended by you or Angi.
17. YOUR CONDUCT
In connection with your use of the Service, you represent and warrant that you:
- are above the age of eighteen (18);
- will abide by the letter and spirit of the terms and conditions of this Agreement and all applicable local, state, national or international laws;
- will not submit any reviews that may be considered by Angi to be unlawful, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, invasive of another person’s privacy or proprietary rights, or racially, ethnically or otherwise objectionable;
- will submit thorough and thoughtful reviews of the Service Providers you review (for example, submitting a review describing a service contractor as “He/She is great.” without additional commentary is not a thorough and thoughtful review);
- will not submit reviews that comment on other users or the reviews of other users;
- will not impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Angi, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating;
- will not submit reviews that are encrypted or that contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots, or other computer programming routines that are intended to damage, interfere with, disrupt, impair, disable or otherwise overburden our Website;
- will not access, download or copy any information contained on our Website through artificial means (including but not limited to spiders, hacking devices, computer programs, bots or other such means);
- will not post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
- will not take any action that would undermine the review and rating process under the Service;
- will not attempt to gain unauthorized access to the Service, other user accounts, or other computer systems or networks connected to the Service;
- will not use the Service in any manner that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any material that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
- will not use the Service in any way that could interfere with the rights of Angi or the rights of other users of the Service;
- have sufficient rights in and to all Content that you provide, transmit or otherwise convey to Angi in connection with the Service;
- agree not to re-sell or assign your rights or obligations under this Agreement;
- will not reproduce, duplicate, copy, sell, re-sell or exploit any Content;
- will not access any Content for any commercial, educational or other purposes not related to your personal purchasing decisions, the express written consent of Angi, which consent may be withheld by Angi in our discretion;
- grant us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute the Content and to prepare derivative works of, or to incorporate such Content into other works, and to grant and to authorize sublicenses of the foregoing;
- agree not to create an account or use Angi services if your account previously has been terminated by Angi or if you previously have been banned from using the services; and
- agree not to: (i) register for more than one account or register for an account on behalf of an individual other than yourself; (ii) impersonate any person or entity, including, but not limited to, Angi personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity; or (iii) advocate, encourage or assist any third party in doing any of the foregoing activities in this subsection.
The reviews and ratings that you provide do not reflect the views of Angi, its officers, managers, owners, employees, agents, designees or other users. In addition, Angi retains the right, in its sole discretion, to determine whether or not your use of the Service is consistent with the terms and conditions of this Agreement. Angi may suspend, restrict or terminate your use of the Service and to refuse any future use of all or portions of the Service if your use breaches or fails to comply with any of the terms and conditions of this Agreement. Additionally, Angi may seek any and all other remedies available to it, including: (a) seeking injunctive relief with any court of competent jurisdiction to enjoin any breach or failure to comply with any of the terms and conditions of this Agreement; and/or (b) if damages are ascertainable, seeking damages relating to any breach or failure to comply with any of the terms and conditions of this Agreement.
18. DISCLOSURE OF INFORMATION
As Angi continues to develop its business, it might sell or buy other companies or assets or be acquired or have substantially all of its assets acquired by a third party. In such transactions, customer information generally is one of the transferred business assets. you hereby consent to the transfer of your information as one of the transferred assets and to be used for any purpose allowed under this Agreement.
19. TERM AND TERMINATION
The term of this Agreement (“Term”) will be in effect and continue so long as you have an active Subscription or Plan. In other words, the Term shall continue through each automatic Plan renewal until termination by either party in accordance with the terms of this Agreement.
Angi may, for any reason in its sole discretion, immediately terminate this Agreement, your account, and your access to the Service. If Angi merely terminates your account for its convenience and you are not in breach of this Agreement, Angi will refund your Membership Fee on a pro rata basis from the date of such termination to the end of the then current term.
Termination of your account will include removal of your access to all offerings of the Service, deletion of your password, deletion of all related information and files, may include the deletion of the Content associated with your account (or any part thereof), and barring your further use of the Service.
20. MODIFICATION OF TERMS AND CONDITIONS
Angi will have the right to modify and restate the terms and conditions of this Agreement, and such modification(s) will be effective immediately upon being posted on our Website www.angi.com). you will receive notice if modifications to the Agreement are made. Angi will make note of the date of the last update to the Agreement on the first page of this Agreement. you are responsible for reviewing these terms and conditions regularly. your continued use of the Service after such modifications will be deemed to be your conclusive acceptance of all modifications to this Agreement. If you are dissatisfied as a result of such modification(s), your only recourse is to immediately discontinue use of the Service.
21. MODIFICATION, LIMITATION AND DISCONTINUANCE OF SERVICE
Angi reserves the right at any time to limit access to, modify, change or discontinue the Service with or without notice to you and we shall not be liable to you for any such modification, suspension or discontinuance of the Service. you agree that Angi will not be liable to you or to any third party for any such limitation, modification, change, suspension or discontinuance of the Service. you agree that Angi may establish general practices, policies and limits, which may or may not be published, concerning the use of the Service, including without limitation, the time that reviews and ratings will be retained, the maximum number of reviews and ratings that may be sent from an account, the length of reviews and ratings sent, and the maximum number of times and the maximum duration for which you may access the Service in a given period of time. you agree that Angi has no responsibility or liability for the deletion or failure to store any reviews, ratings and other communications maintained or transmitted by or through the Service. you agree that Angi has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
22. DELAYS
The Service may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. Angi is not responsible for any delays, failures or other damage resulting from such problems.
23. USER FEEDBACK
Angi appreciates hearing from you, as well as our other users, and welcomes your comments regarding our Service. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, or materials other than those which we have specifically requested. Although we do value your feedback on our Service, please be specific in your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts or other information (collectively, the “Submissions”), such Submissions will be the property of Angi. In addition, none of the Submissions will be subject to any obligations of confidentiality and Angi will not be liable for any future use or disclosure of such Submissions.
24. NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California web users are entitled to the following specific consumer rights notice: The Services are provided by Angie’s List, Inc. d/b/a Angi, 130 E. Washington St., Indianapolis, Indiana 46204. If you have any questions, concerns, or complaints regarding the Services, please contact Angi, Inc. by (i) signing into your account and visiting Member Support to chat with a specialist; or (ii) sending a letter, first class certified mail, to Angie’s List, Inc. d/b/a Angi, 130 East Washington, Indianapolis, Indiana 46204, Attn: Customer Care.
California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
25. COPYRIGHT MATERIALS
Aside from user-submitted Content and Service Provider Content, all other materials and other information on the Website and the Magazine, including, but not limited to, all text, graphics, logos, icons, images, audio clips, downloads, data compilations and software (collectively, the “Copyright Materials”) are the exclusive property of Angi and/or its licensors and are protected by all United States and international copyright laws.
26. WARRANTY DISCLAIMER
You understand and agree that THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT ANGI ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE TIMELINESS, DELETION OF CONTENT OR FAILURE BY THE SERVICE. ANGI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (D) ANY CONTENT OR INFORMATION YOU PROVIDE OR ANGI COLLECTS WILL NOT BE DISCLOSED OR (E) ANY ERRORS IN ANY SERVICE WILL BE CORRECTED. YOU AGREE THAT USE OF THE SERVICE AND THE WEBSITE IS AT YOUR OWN RISK. In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to you as they relate to implied warranties.
27. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANGI WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ANGI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICE; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICE; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICE; (E) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY THROUGH THE SERVICE; (F) ANY OTHER MATTER RELATING TO THE SERVICE; (G) ANY BREACH OF THIS AGREEMENT BY ANGI OR THE FAILURE OF ANGI TO PROVIDE THE SERVICE UNDER THIS AGREEMENT OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY SERVICE PROVIDERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.
TO THE EXTENT ANGI IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICE, ANGI’S LIABILITY FOR DAMAGES WILL NOT EXCEED THE EQUIVALENT OF ONE (1) MONTH OF YOUR MEMBERSHIP FEE (I.E., THE AMOUNT OF YOUR ANNUAL MEMBERSHIP FEE DIVIDED BY TWELVE).
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ANGI CONTRACTS WITH A THIRD PARTY TO PROCESS YOUR PAYMENT OF MEMBERSHIP FEES TO ANGI THROUGH THE USE OF A CREDIT CARD (A “CREDIT CARD PROCESSOR”). YOU UNDERSTAND AND AGREE THAT NEITHER A CREDIT CARD PROCESSOR NOR ANY OTHER PARTY INVOLVED IN THE CREDIT CARD PROCESSING PROCESS FOR ANGI, INCLUDING, BUT NOT LIMITED TO, THE COMPANY ISSUING THE CREDIT CARD TO YOU AND THE MERCHANT BANK (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL BE LIABLE FOR ANY DAMAGES (AS DEFINED HEREIN AND SUBJECT TO THE LIMITATIONS SET FORTH IN THIS SECTION SUFFERED BY YOU AS A RESULT OF THE FAILURE OF ANGI TO PROVIDE SERVICES TO YOU UNDER THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT BY ANGI. YOU HEREBY RELEASE EACH OF THE RELEASED PARTIES FROM ANY AND ALL DAMAGES YOU MAY SUFFER AS A RESULT OF THE FAILURE OF ANGI TO PROVIDE SERVICES TO YOU UNDER THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT BY ANGI. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FOR ANY AND ALL DAMAGES IT MAY SUFFER AS A RESULT OF YOUR BREACH OF THIS SECTION. YOU HEREBY UNDERSTAND AND AGREE THAT ANGI SHALL BE SOLELY LIABLE FOR THE PAYMENT OF ANY DAMAGES TO YOU UNDER THIS AGREEMENT.
28. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Angi, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of this Agreement by you; (b) the inaccurate or untruthful Content or other information provided by you to Angi or that you submit, transmit or otherwise make available through the Service; or (c) any intentional or willful violation of any rights of another or harm you may have caused to another. Angi will have sole control of the defense of any such damage or claim.
29. BREACH OF AGREEMENT AND LIQUIDATED DAMAGES
You understand and agree that, because damages are often difficult to calculate, if it becomes necessary for Angi to pursue legal action to enforce the terms and conditions of this Agreement, you will be liable to pay us the following amounts as liquidated damages, which you accept as reasonable estimates of Angi’s damages for the specified breaches of this Agreement:
If you post Content in violation of this Agreement, you agree to promptly pay Angi One Thousand Dollars ($1,000) for each item of Content posted in violation of this Agreement. We may (but shall not be required to) to issue you a warning before assessing damages.
If you display, copy, duplicate, reproduce, sell, re-sell or exploit for any purpose any Content in violation of this Agreement, you agree to pay One Thousand Dollars ($1,000) for each item of Content displayed, copied, duplicated, reproduced, sold, re-sold or exploited in violation of this Agreement
If you use computer programming routines that are intended to aggregate records or reviews from the Service or otherwise damage, interfere with, disrupt, impair, disable or otherwise overburden our Website, you agree to pay One Hundred Dollars ($100) for each review or record that is aggregated, disrupted, damaged or otherwise affected by you.
Except as set forth in the foregoing subsections (a) through (c), inclusive, you agree to pay the actual damages suffered by Angi, including, but not limited to attorneys’ fees and court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of this Agreement, we reserve the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in this Agreement, or any combination thereof.
30. NOTICE
You agree that Angi may communicate any notices to you under this Agreement, through electronic mail, regular mail or posting the notices on the Website. All notices to Angi will be provided by sending a letter, first class certified mail, to Angie’s List, d/b/a Angi, 130 East Washington, Indianapolis, Indiana 46204, Attn: Customer Care. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.
In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), Angi will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is:
Angie’s List, Inc. d/b/a Angi
130 E. Washington St.
Indianapolis, IN 46204
Attn: Copyright Agent
Email: [email protected]
130 E. Washington St.
Indianapolis, IN 46204
Attn: Copyright Agent
Email: [email protected]
If you are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that your work’s copyright or trademark has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
- a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Angi will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
31. ENTIRE AGREEMENT
This Agreement governs your use of the Service and constitutes the entire agreement between you and Angi. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and Angi regarding the subject matter contained in this Agreement. Additional terms and conditions may exist between you and third parties, including but not limited to, Service Providers and others. you represent and warrant that those third-party agreements do not interfere with your obligations and duties to Angi under this Agreement.
32. MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and Angi, including without limitation any dispute or claim related to or arising out of this Agreement ("Dispute"), you and Angi may attempt to negotiate any Dispute informally (the "Informal Negotiations") before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this Section is your physical address that you have provided to Angi. Angi's address for such notices is: Angie’s List, Inc., d/b/a Angi, Attn: Legal Department, 130 E. Washington St., Indianapolis, IN 46204.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and Angi agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration ("Arbitration Agreement"). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, Angi will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the "Class Action Waiver" described in Subsection (4) below.
- Excluded Disputes. You and Angi agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for injunctive relief.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. To fullest extent permitted by applicable law, You and Angi agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action ("Class Action Waiver"). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and Angi agree that if any portion of this Section entitled "Mutual Arbitration Agreement" is found illegal or unenforceable, that portion will be severed, and the remainder of this Section will be given full force and effect.
33. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, without giving effect to any choice or conflict of law provision or rule (either of the State of Indiana or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Indiana.
34. PROVISIONS REMAINING IN EFFECT
In the event your Plan with Angi is terminated or lapses or you are no longer a user of Angi, certain provisions of this Agreement will continue to remain in effect, including, but not limited to, Sections 13, 15, 16, 18 and 25 through 32.
35. MISCELLANEOUS
This Agreement may not be re-sold or assigned by you. If you assign, or try to assign, this Agreement, such assignment or attempted assignment will be void and unenforceable. It will not be considered a waiver of Angi’s rights if Angi fails to enforce any of the terms or conditions of this Agreement against you. In the event a court finds a provision in this Agreement to not be valid, you and Angi agree that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid in the Agreement. No joint venture, partnership, employment or agency relationship exists between you and Angi as a result of this Agreement or use of the Service. you acknowledge and agree that each of the Released Parties shall be an intended third-party beneficiary of this Agreement.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SERVICE. BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Effective April 7, 2017 to March 17, 2021
DownloadTable of Contents
ANGIE’S LIST MEMBERSHIP AGREEMENT
Last updated on February 13, 2017
Angie’s List, Inc. (“Angie’s List”) displays reviews and ratings on a variety of service contractors and healthcare providers (collectively, “Service Providers”) to allow you, the user (“You,” “Yourself,” or “Your,” if possessive), the opportunity to read about the experiences other users have had with these Service Providers and to provide Your own reviews and ratings on the Service Providers You use. Angie’s List also operates certain products currently including, without limitation, Angie’s Big Deal, Angie’s List Storefront, Band of Neighbors, and other direct purchase products whereby Angie’s List facilitates the offer, sale, and/or marketing of certain promotions, discounts, coupons, vouchers, e-commerce offers, or deals (collectively, “Promotions”). All products and services described in this Section, as well as any other products and services offered by Angie’s List at any time shall be defined herein as “Service” or “Services.
In order to use the Service, You must read and accept all of the terms and conditions in, and linked to, this Membership Agreement (this “Agreement”). This Agreement may be modified by Angie’s List from time to time at our sole discretion, and You will receive notice if modifications to the Agreement are made. We strongly recommend that, as You read this Agreement, You also access and read the linked information. By accepting this Agreement, You also agree that Your use of some Angie’s List-branded websites or other websites we operate may be governed by separate terms and conditions, agreements and privacy policies.
BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS AND NOTICES CONTAINED IN THIS AGREEMENT JUST AS IF YOU HAD SIGNED THIS AGREEMENT.
Angie’s List displays reviews and ratings on a variety of Service Providers based upon the actual first-hand experiences other users have had with these Service Providers and also provides You with the opportunity to provide Your own reviews and ratings on the Service Providers You use.
- Angie’s List Subscriptions and Plans
Angie’s List members have one of the following annual membership plans: Green, Silver, or Gold (“Plans”).
You may log in to www.angieslist.com and check Your Manage My Account page to confirm which Subscription or Plan You currently have. You may learn about the various benefits offered in each Plan by visiting www.angieslist.com. Depending on the Plan You choose, these benefits may include some or all the following:
- Nationwide access to ratings and reviews
- Exclusive coupons and discounts from Service Providers
- Angie’s List digital or print magazine (Certain Plans may include only the digital magazine, while other Plans may include a combination of both the digital and print magazines. The format of the Angie’s List magazine and the frequency with which it is distributed is subject to change, regardless of which Plan You choose.)
- Fair Price Guarantee (For details and access to the full term and conditions of the Fair Price Guarantee, please visit https://www.angieslist.com/guarantee-details/.)
- Service Quality Guarantee (For details and access to the full term and conditions of the Service Quality Guarantee, please visit https://www.angieslist.com/guarantee-details/.)
- Live member care support
- Access to Angie’s List’s Conflict Resolution Process (For details, please see Section 11, Conflict Resolution Process, below.)
- Exclusive savings on applicable ecommerce offers purchased through www.angieslist.com.
- Angie’s List earns revenue from eligible Service Providers. For example, qualifying Service Providers can pay Angie’s List to offer Promotions on the website, through the Call Center, in the Angie’s List magazine, through enhanced profiles, direct mail, or other services. Unless otherwise prohibited by law, Service Providers offering Promotions typically offer a discount or benefit to Angie’s List’s members.
- Membership Benefits
The benefits of Your Angie’s List Plan are available only while Your Plan is active and Your Angie’s List account is in good standing. Angie’s List reserves the right to modify the Plans at any time and in its sole discretion. The details of Your selected Plan, including the price and the various benefits offered therein, might be different than those details applicable to another new or existing member who purchased the same Plan in the same market. You may check Your plan details at www.angieslist.com on Your Manage My Account page, by emailing [email protected], or, if your Plan includes Live member care support, by calling an Angie’s List call center representative.
- Ecommerce Rebates from Former Plus and Premium Subscriptions
If, prior to May 24, 2016, You had a previously offered Plus or Premium Subscription and have not yet redeemed the ecommerce rebate You received under that Subscription, You may redeem that rebate through Your Renewal Date. You may find Your Renewal Date at Your Manage My Account page. Please note that the ecommerce rebates are redeemable only one time annually per household.
If You cancel Your Subscription or Plan before redeeming the ecommerce rebate, or do not use Your ecommerce rebate before Your Renewal Date, the rebate opportunity will expire and no longer be available to You. Rebates must be redeemed in one transaction and may not be split among separate transactions. Rebates may not be redeemed for cash. Rebates will expire on Your Renewal Date and cannot be rolled into the following year, even if Your Subscription or Plan is renewed.
As a condition of Your use of the Service, You agree to: (a) provide Angie’s List with true, accurate, current and complete information as prompted by the Angie’s List’s registration forms, when registering for or using the Service; and (b) update and maintain the truthfulness, accuracy and completeness of such information.
You must be 18 years of age or older to use or register for Services.
Membership in the Service is void where prohibited.
Angie’s List has established a Privacy Policy to explain to You, and other users, how Your personal information is collected and used. This Privacy Policy is located at http://www.angieslist.com/privacypolicy.htm.
- Membership Fee
Angie’s List will charge You a membership fee in order to provide the Service. Your membership fee is the amount You were charged for one term of Your Subscription or Plan, not including any promotions or discounts that may have been applied (the “Membership Fee”). For this or other reasons, the Membership Fee might be different than the amount paid by another new or existing member who purchased the same services in the same market. You may check Your account online or, if Your Plan includes live member care support, call an Angie’s List call center representative if You have any questions.
You acknowledge that Angie’s List reserves the right, at any time, to modify its Membership Fees and billing methods. Membership Fees may be paid in advance by credit card, debit card, or PayPal.
- Automatic Renewal
If You have paid membership Plan (e.g., Silver or Gold), Angie’s List will automatically renew Your Plan for one year at the Membership Fee for the Plan (as such Membership Fee may be modified as provided above) using the credit card, debit card or other payment information on file with Angie’s List. Such renewal payment will take place on or about Your Renewal Date. Your Plan will continue, and Your payment method will be charged, the Membership Fee until You cancel the Plan, which You may do at any time (see Canceling Your Plan, below).
If the payment processing for the renewal of Your Plan fails for any reason, we will attempt to process Your renewal for a period up to one hundred eighty (180) days in accordance with our standard renewal practices then in effect (which may be modified from time to time by Angie’s List). Except as otherwise required by applicable law, You agree that Angie’s List will not provide You with any notices prior to each annual renewal payment.
If You Chose a free Green Plan, Your Plan also will renew on Your Renewal Date, but You will not be charged.
Canceling Your Plan
You may cancel Your Plan at any time by contacting Angie’s List by first class certified mail at 1030 E. Washington Street, Indianapolis, IN 46202; by telephone at (866) 623-6088; or by email at [email protected]. If You wish to avoid renewal, Your cancellation request must be received by no later than 5:00 p.m. Eastern Time on the business day prior to Your Renewal Date.
Membership Fee Refund Policy:
- 110% Satisfaction Guarantee—If You: (a) joined Angie's List prior to June 8, 2016; (b) were unsatisfied with the Service; and (c) cancel Your Plan prior to June 7, 2017, You may request a refund of 110% of your Membership Fee. This 110% Satisfaction Guarantee does not apply to any member who joined Angie’s List on June 8, 2016 or later, and it does not apply to any member who cancels his or her Plan on or after June 7, 2017.
- Automatic Renewal Refund—Regardless of when You joined Angie’s List, if your Plan automatically renews and You cancel Your Plan within thirty (30) days after your Renewal Date, You may request a full refund of the Membership Fee.
- Under no circumstances shall refunds exceed 110% of Your Membership Fee.
- In accordance with Section 18, below, if Angie’s List terminates Your account for any reason and You are not in breach of this Agreement, Angie’s List will refund Your Membership Fee on a pro rata basis from the date of such termination to the end of the then current term.
- Members are not entitled to refunds of their Membership Fee under any other circumstances.
- Angie’s List Magazine Fee
Your Plan may include access to the Angie’s List Magazine, where applicable. A portion of Your Membership Fee ($6.50 per year) will be applied to the printing and/or distribution of the Angie’s List Magazine. This fee for the Angie’s List Magazine may not be deducted from Your Membership Fee.
- Authorization to Update Credit Card Account Information; Account Updater
If the credit card or debit card provided by You to Angie’s List has expired during an attempt to renew Membership Fees pursuant to this Section, You authorize Angie’s List to revise the expiration date and proceed with billing using the same credit or debit card account. In addition, as a convenience to You, Angie’s List contracts with a third-party service that refreshes expired or replaced credit card and debit card numbers with the numbers of any replacement cards so that Your paid Services do not lapse because the credit card or debit card information initially on file with Angie’s List has expired or changed (“Account Updater”).
By registering for the Service and receiving a Plan, You consent to and authorize Angie’s List’s disclosure of Your credit or debit card information to Account Updater. You further consent to the third party’s use of such information solely in connection with Account Updater. You also consent to Angie’s List receipt and use of updated credit card or debit card account information from Your financial institution in connection with the provision of the Service as provided in this Agreement and the Privacy Policy.
Angie’s List may, from time to time and in its sole discretion, offer certain products or services as incentives (“Incentives”) to select one of the Membership Plans (e.g., a free Android tablet for members who select the Gold Plan). Angie’s List is neither the seller nor manufacturer of the Incentives and disclaims any and all liability and warranties of any kind relating to the Incentives, the use of the Incentives, and the tax implications of receiving the Incentives. You agree that You shall not bring any action against Angie’s List relating in any way to the Incentives. In the event that an Incentive is lost, does not operate properly, or is otherwise incorrect, unfit, or unusable in any way, You agree that Angie’s List has no responsibility for replacing the Incentive.
8. ACCOUNT SECURITY
Angie’s List will assign You a user ID and a password when You register. Your user ID and password may only be used by You and the members of Your household (meaning anyone who currently shares with You the address You registered with Angie’s List). You are solely responsible for maintaining and protecting the confidentiality of Your user ID and password, and are fully responsible for all activities that occur under Your user ID and password.
By agreeing to the terms and conditions of this Agreement, Angie’s List grants You a limited license to access and use the reviews and ratings offered by the Service for Your personal purchase decisions. You acknowledge and agree that You will not access, reproduce, duplicate, copy, sell, re-sell, visit or otherwise exploit for any commercial, educational, or any other non-personal purpose the reviews and ratings and any content, without the express written consent of Angie’s List.
In order for You to submit Your own reviews and ratings on the Website and in the Magazine, You acknowledge and agree that:
- all of Your reviews and ratings will either be based upon: (i) Your actual first-hand experiences with the Service Providers You are reviewing; or (ii) as provided under Section 14 (Service Providers) below, an individual and that individual’s actual first-hand experience with a health care or wellness provider whereby You have the legal authority to disclose such health information and experience of such individual;
- all of Your reviews and ratings of the Service Providers that You are rating will be accurate, truthful and complete in all respects;
- You do not work for, own any interest in, or serve on the board of directors of, any of the Service Providers for which You submit reviews and ratings;
- You do not work for, own any interest in or serve on the board of directors of any competitors of the Service Providers for which You submit reviews and ratings;
- You are not in any way related (by blood, adoption, marriage, or domestic partnership, if the Service Provider is an individual) to any of the Service Providers for which You submit reviews or ratings;
- Your name and review information will be made available to the Service Providers on which You review; and
- Angie’s List may redact, delete, or reject Your reviews if they do not conform with Angie’s List’s publication criteria, which may change from time to time at Angie’s List’s sole discretion.
11. CONFLICT RESOLUTION PROCESS
If You have a dispute with a Service Provider and an active, qualifying Plan, You may request Angie’s List’s assistance in communicating with that Service Provider about Your desired resolution (the “Complaint Resolution Process” or the “CRP”).
You may request to participate in the CRP through our Website or by contacting a member care representative. You then will be requested to complete and return to Angie’s List certain documentation relating to Your complaint. Shortly thereafter, a member of our Complaint Resolution Team will contact You to obtain additional information and understand Your desired resolution. The Complaint Resolution Team then will contact the Service Provider to explain Your complaint and desired resolution and to ask the Service Provider to respond in writing within a reasonable timeframe.
If the Service Provider agrees to Your desired resolution or supplies a counteroffer that You find acceptable, the case is considered resolved, Your review regarding the Service Provider will be removed, and You will have the opportunity to submit updated feedback about Your experience. If the Service Provider responds but does not resolve the matter as described above, Your feedback shall remain unchanged.
Your participation in the CRP is at Angie’s List’s sole discretion. We reserve the right to reject Your request to participate for any reason. By participating in the CRP, You consent to have Your complaint and a story about the circumstances relating to the CRP published in our monthly magazine and online publications. For complaints involving health care providers, we may ask You to sign a HIPAA (Health Insurance Portability and Accountability Act) waiver to allow the Service Provider to discuss the issue with us.
The CRP is not a legal forum and Angie’s List does not, at any time, become a party to Your dispute with the Service Provider. Angie’s List is neither a mediator nor an arbitrator and does not provide legal advice or assistance. If You believe legal services are necessary or would be helpful to resolve Your dispute with a Service Provider, Angie’s List encourages You to consult with an attorney. Angie’s List does not guarantee that Your participation in the CRP will result in a satisfactory outcome or Your desired resolution.
You agree that, by offering the CRP, Angie’s List does not waive any of its disclaimers or limitations of liability, including without limitation those set forth under Sections 14 (Service Providers), 24 (Warranty Disclaimer), and 25 (Limitation of Liability).
You acknowledge and agree that, during the Term of your Plan, Angie’s List may—in its sole discretion and without notice—change the CRP program, including without limitation, its name, process, and/or function.
Although Angie’s List does not claim ownership of any of the reviews, ratings, communications, information, data, text or other materials You give us (collectively, the “Content”), by providing Content for the Website and the Magazine, You automatically grant, and You represent and warrant that You have the right to grant, to Angie’s List an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing Angie’s List with Content, You automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content on our Website or in the Magazine by any other party.
You understand that Angie’s List may display, disseminate, or place Promotions near, with, or adjacent to Your Content in any form or media (whether now known or subsequently created). The manner, mode, and extent of such Promotions are subject to change at Angie’s List’s discretion and without notice to You.
Angie’s List does not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted to or through the Service. You acknowledge that Angie’s List simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of Content and for the publication and distribution of any content posted by Service Providers in response to Content (“Service Provider Content”). You understand that all Content and Service Provider Content posted on, transmitted through or linked through the Service, are the sole responsibility of the person from whom such Content originated. You understand that Angie’s List does not control, and is not responsible for Content or Service Provider Content made available through the Service, and that by using the Service, You may be exposed to Content that is inaccurate, misleading, or offensive. You agree that You must evaluate and make Your own judgment, and bear all risks associated with, the use of any Content and Service Provider Content.
You further acknowledge that Angie’s List has no obligation to screen, preview, monitor or approve any Content or Service Provider Content, or Content posted or submitted by any other Angie’s List member or any Service Provider. However, Angie’s List reserves the right to review and delete any Content that, in its sole judgment, violates the terms and conditions of this Agreement. By using the Service, You agree that it is solely YOUR RESPONSIBILITY to evaluate Your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any Content that You submit, receive, access, transmit or otherwise convey through the Service. Under no circumstances will Angie’s List be liable in any way for any Content or Service Provider Content, including, but not limited to, any Content or Service Provider Content that contains any errors, omissions, defamatory statements, or confidential or private information (including, but not limited to, health information) or for any loss or damage of any kind incurred as a result of the use of any Content or Service Provider Content submitted, accessed, transmitted or otherwise conveyed via the Service. You waive the right to bring or assert any claim against Angie’s List relating to Content or Service Provider Content, and release Angie’s List from any and all liability for or relating to any Content or Service Provider Content.
Angie’s List does not endorse and is not responsible or liable for any Content, Service Provider Content, Promotions, data, advertising, products, goods or services available or unavailable from, or through, any Service Providers (which includes, but is not limited to, health care and wellness providers). You agree that should You use or rely on such Content, Service Provider Content, Promotions, data, advertisement, products, goods or services, available or unavailable from, or through any Service Provider (which includes, but is not limited to, health care and wellness providers), Angie’s List is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in promotions of any Service Provider (which includes, but is not limited to, health care and wellness providers), and any other terms, conditions, representations or warranties associated with such dealings, are between You and such Service Provider (which includes, but is not limited to, health care and wellness providers) exclusively and do not involve Angie’s List. You should make whatever investigation or other resources that You deem necessary or appropriate before hiring or engaging Service Providers (which includes, but is not limited to, health care and wellness providers).
You agree that Angie’s List is not responsible for the accessibility or unavailability of any Service Provider (which includes, but is not limited to, health care and wellness providers) or for Your interactions and dealings with them, waive the right to bring or assert any claim against Angie’s List relating to any interactions or dealings with any Service Provider (which includes, but is not limited to, health care and wellness providers), and release Angie’s List from any and all liability for or relating to any interactions or dealings with Service Providers (which includes, but is not limited to, health care and wellness providers). In addition, You agree that Angie’s List may exclude Service Providers from displaying in search results on the Angie’s List Website for failing to meet particular Angie’s List standards regarding Service Provider conduct. In addition, You understand that Angie’s List may exclude Service Providers from displaying in search results on the Angie’s List Website for failing to meet particular Angie’s List standards regarding Service Provider conduct and performance.
Angie’s List may, in its sole discretion, have criminal and/or financial background checks conducted on certain Service Providers. By having such background checks conducted, ANGIE’S LIST DOES NOT WAIVE ANY OF ITS DISCLAIMER OR LIMITATIONS OF LIABILITY, INCLUDING WITHOUT LIMITATION, THOSE SET FORTH UNDER THIS SECTION, SECTION 24 (WARRANTY DISCLAIMER), OR SECTION 25 (LIMITATION OF LIABILITY).
The contents of the Angie’s List Website, such as text, graphics, images, information obtained from Angie’s List’s, and other material contained on the Angie’s List Website (“Website Content”) are for informational purposes only. The Website Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of Your physician or other qualified health provider with any questions You may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something You have read on the Angie’s List Website.
If You think You may have a medical emergency, call Your doctor or 911 immediately. Angie’s List does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Website. Angie’s List is not a health or wellness provider and cannot recommend or refer You to any health or wellness provider. Reliance on any information provided by Angie’s List, Angie’s List employees, others appearing on the Website at the invitation of Angie’s List, or other visitors to the Website is solely at Your own risk.
The Website may contain health-related materials that are sexually explicit. If You find these materials offensive, You may not want to use our Website.
You should be aware that if You post any health-related information about Yourself or anyone else on this Website, You do so at Your own risk. If You post Website Content about services rendered to another individual, You represent that You have the legal authority to receive health information about that individual and related to the Website Content from that individual’s health care providers and that You have the legal authority to further disclose such health information. If You post health-related information, You will be placing it into the public domain and it will not be protected by any federal or state laws that protect the privacy of health information. You also acknowledge that the health care or wellness provider about whom You submit Content may submit Service Provider Content that contain Your private or confidential health information in response to Content You submit. Angie’s List is not liable for any such Service Provider Content. Please see Section 13 (Publication and Distribution of Content) above for more information about Angie’s List’s responsibilities related to Service Provider Content. Except as otherwise provided in this Agreement, neither Angie’s List, nor any of its users, has any legal obligation to keep Your health information confidential if You post it to this Website and it may be used for purposes that are unintended by You or Angie’s List.
In connection with Your use of the Service, You represent and warrant that You:
- are above the age of eighteen (18);
- will abide by the letter and spirit of the terms and conditions of this Agreement and all applicable local, state, national or international laws;
- will not submit any reviews that may be considered by Angie’s List to be unlawful, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, invasive of another person’s privacy or proprietary rights, or racially, ethnically or otherwise objectionable;
- will submit thorough and thoughtful reviews of the Service Providers You review (for example, submitting a review describing a service contractor as “He/She is great.” without additional commentary is not a thorough and thoughtful review);
- will not submit reviews that comment on other users or the reviews of other users;
- will not impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Angie’s List, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating;
- will not submit reviews that are encrypted or that contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots, or other computer programming routines that are intended to damage, interfere with, disrupt, impair, disable or otherwise overburden our Website;
- will not access, download or copy any information contained on our Website through artificial means (including but not limited to spiders, hacking devices, computer programs, bots or other such means);
- will not post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
- will not take any action that would undermine the review and rating process under the Service;
- will not attempt to gain unauthorized access to the Service, other user accounts, or other computer systems or networks connected to the Service;
- will not use the Service in any manner that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any material that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
- will not use the Service in any way that could interfere with the rights of Angie’s List or the rights of other users of the Service;
- have sufficient rights in and to all Content that You provide, transmit or otherwise convey to Angie’s List in connection with the Service;
- agree not to re-sell or assign Your rights or obligations under this Agreement;
- will not reproduce, duplicate, copy, sell, re-sell or exploit any Content;
- will not access any Content for any commercial, educational or other purposes not related to Your personal purchasing decisions, the express written consent of Angie’s List, which consent may be withheld by Angie’s List in our discretion;
- grant us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute the Content and to prepare derivative works of, or to incorporate such Content into other works, and to grant and to authorize sublicenses of the foregoing;
- agree not to create an account or use Angie’s List services if Your account previously has been terminated by Angie’s List or if You previously have been banned from using the services; and
- agree not to: (i) register for more than one account or register for an account on behalf of an individual other than Yourself; (ii) impersonate any person or entity, including, but not limited to, Angie’s List personnel, or falsely state or otherwise misrepresent Your affiliation with a person or entity; or (iii) advocate, encourage or assist any third party in doing any of the foregoing activities in this subsection.
The reviews and ratings that You provide do not reflect the views of Angie’s List, its officers, managers, owners, employees, agents, designees or other users. In addition, Angie’s List retains the right, in its sole discretion, to determine whether or not Your use of the Service is consistent with the terms and conditions of this Agreement. Angie’s List may suspend, restrict or terminate Your use of the Service and to refuse any future use of all or portions of the Service if Your use breaches or fails to comply with any of the terms and conditions of this Agreement. Additionally, Angie’s List may seek any and all other remedies available to it, including: (a) seeking injunctive relief with any court of competent jurisdiction to enjoin any breach or failure to comply with any of the terms and conditions of this Agreement; and/or (b) if damages are ascertainable, seeking damages relating to any breach or failure to comply with any of the terms and conditions of this Agreement.
As Angie’s List continues to develop its business, it might sell or buy other companies or assets or be acquired or have substantially all of its assets acquired by a third party. In such transactions, customer information generally is one of the transferred business assets. You hereby consent to the transfer of Your information as one of the transferred assets and to be used for any purpose allowed under this Agreement.
The term of this Agreement (“Term”) will be in effect and continue so long as You have an active Subscription or Plan. In other words, the Term shall continue through each automatic Plan renewal until termination by either party in accordance with the terms of this Agreement.
Angie’s List may, for any reason in its sole discretion, immediately terminate this Agreement, Your account, and Your access to the Service. If Angie’s List merely terminates Your account for its convenience and You are not in breach of this Agreement, Angie’s List will refund Your Membership Fee on a pro rata basis from the date of such termination to the end of the then current term.
Termination of Your account will include removal of Your access to all offerings of the Service, deletion of Your password, deletion of all related information and files, may include the deletion of the Content associated with Your account (or any part thereof), and barring Your further use of the Service.
Angie’s List will have the right to modify and restate the terms and conditions of this Agreement, and such modification(s) will be effective immediately upon being posted on our Website (www.angieslist.com). You will receive notice if modifications to the Agreement are made. Angie’s List will make note of the date of the last update to the Agreement on the first page of this Agreement. You are responsible for reviewing these terms and conditions regularly. Your continued use of the Service after such modifications will be deemed to be Your conclusive acceptance of all modifications to this Agreement. If You are dissatisfied as a result of such modification(s), Your only recourse is to immediately discontinue use of the Service.
Angie’s List reserves the right at any time to limit access to, modify, change or discontinue the Service with or without notice to You and we shall not be liable to You for any such modification, suspension or discontinuance of the Service. You agree that Angie’s List will not be liable to You or to any third party for any such limitation, modification, change, suspension or discontinuance of the Service. You agree that Angie’s List may establish general practices, policies and limits, which may or may not be published, concerning the use of the Service, including without limitation, the time that reviews and ratings will be retained, the maximum number of reviews and ratings that may be sent from an account, the length of reviews and ratings sent, and the maximum number of times and the maximum duration for which You may access the Service in a given period of time. You agree that Angie’s List has no responsibility or liability for the deletion or failure to store any reviews, ratings and other communications maintained or transmitted by or through the Service. You agree that Angie’s List has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
The Service may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. Angie’s List is not responsible for any delays, failures or other damage resulting from such problems.
Angie’s List appreciates hearing from You, as well as our other users, and welcomes Your comments regarding our Service. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, or materials other than those which we have specifically requested. Although we do value Your feedback on our Service, please be specific in Your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, You send us creative suggestions, ideas, drawings, concepts or other information (collectively, the “Submissions”), such Submissions will be the property of Angie’s List. In addition, none of the Submissions will be subject to any obligations of confidentiality and Angie’s List will not be liable for any future use or disclosure of such Submissions.
23. NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California web users are entitled to the following specific consumer rights notice: The Services are provided by Angie’s List, Inc., 1030 E. Washington St., Indianapolis, Indiana 46202. If You have any questions, concerns, or complaints regarding the Services, please contact Angie’s List, Inc. by either sending: (i) an email to [email protected]; or (ii) a letter, first class certified mail, to Angie’s List, 1030 East Washington, Indianapolis, Indiana 46202, Attn: Member Services.
California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
Aside from user-submitted Content and Service Provider Content, all other materials and other information on the Website and the Magazine, including, but not limited to, all text, graphics, logos, icons, images, audio clips, downloads, data compilations and software (collectively, the “Copyright Materials”) are the exclusive property of Angie’s List and/or its licensors and are protected by all United States and international copyright laws.
You understand and agree that THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT ANGIE’S LIST ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE TIMELINESS, DELETION OF CONTENT OR FAILURE BY THE SERVICE. ANGIE’S LIST EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (D) ANY CONTENT OR INFORMATION YOU PROVIDE OR ANGIE’S LIST COLLECTS WILL NOT BE DISCLOSED OR (E) ANY ERRORS IN ANY SERVICE WILL BE CORRECTED. YOU AGREE THAT USE OF THE SERVICE AND THE WEBSITE IS AT YOUR OWN RISK. In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to You as they relate to implied warranties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANGIE’S LIST WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ANGIE’S LIST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICE; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICE; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICE; (E) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY THROUGH THE SERVICE; (F) ANY OTHER MATTER RELATING TO THE SERVICE; (G) ANY BREACH OF THIS AGREEMENT BY ANGIE’S LIST OR THE FAILURE OF ANGIE’S LIST TO PROVIDE THE SERVICE UNDER THIS AGREEMENT OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY SERVICE PROVIDERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to You.
You understand and agree that Your unlimited access to the Content on the Website or in the Magazine represents a substantial portion of the value You receive from Your Angie’s List’s Membership Fee. THEREFORE, TO THE EXTENT ANGIE’S LIST IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICE, ANGIE’S LIST’S LIABILITY FOR DAMAGES WILL NOT EXCEED THE EQUIVALENT OF ONE (1) MONTH OF YOUR MEMBERSHIP FEE (I.E., THE AMOUNT OF YOUR ANNUAL MEMBERSHIP FEE DIVIDED BY TWELVE).
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ANGIE’S LIST CONTRACTS WITH A THIRD PARTY TO PROCESS YOUR PAYMENT OF MEMBERSHIP FEES TO ANGIE’S LIST THROUGH THE USE OF A CREDIT CARD (A “CREDIT CARD PROCESSOR”). YOU UNDERSTAND AND AGREE THAT NEITHER A CREDIT CARD PROCESSOR NOR ANY OTHER PARTY INVOLVED IN THE CREDIT CARD PROCESSING PROCESS FOR ANGIE’S LIST, INCLUDING, BUT NOT LIMITED TO, THE COMPANY ISSUING THE CREDIT CARD TO YOU AND THE MERCHANT BANK (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL BE LIABLE FOR ANY DAMAGES (AS DEFINED HEREIN AND SUBJECT TO THE LIMITATIONS SET FORTH IN THIS SECTION SUFFERED BY YOU AS A RESULT OF THE FAILURE OF ANGIE’S LIST TO PROVIDE SERVICES TO YOU UNDER THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT BY ANGIE’S LIST. YOU HEREBY RELEASE EACH OF THE RELEASED PARTIES FROM ANY AND ALL DAMAGES YOU MAY SUFFER AS A RESULT OF THE FAILURE OF ANGIE’S LIST TO PROVIDE SERVICES TO YOU UNDER THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT BY ANGIE’S LIST. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FOR ANY AND ALL DAMAGES IT MAY SUFFER AS A RESULT OF YOUR BREACH OF THIS SECTION. YOU HEREBY UNDERSTAND AND AGREE THAT ANGIE’S LIST SHALL BE SOLELY LIABLE FOR THE PAYMENT OF ANY DAMAGES TO YOU UNDER THIS AGREEMENT.
You agree to indemnify, defend and hold harmless Angie’s List, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of this Agreement by You; (b) the inaccurate or untruthful Content or other information provided by You to Angie’s List or that You submit, transmit or otherwise make available through the Service; or (c) any intentional or willful violation of any rights of another or harm You may have caused to another. Angie’s List will have sole control of the defense of any such damage or claim.
You understand and agree that, because damages are often difficult to calculate, if it becomes necessary for Angie’s List to pursue legal action to enforce the terms and conditions of this Agreement, You will be liable to pay us the following amounts as liquidated damages, which You accept as reasonable estimates of Angie’s List’s damages for the specified breaches of this Agreement:
- If You post Content in violation of this Agreement, You agree to promptly pay Angie’s List One Thousand Dollars ($1,000) for each item of Content posted in violation of this Agreement. We may (but shall not be required to) to issue You a warning before assessing damages.
- If You display, copy, duplicate, reproduce, sell, re-sell or exploit for any purpose any Content in violation of this Agreement, You agree to pay One Thousand Dollars ($1,000) for each item of Content displayed, copied, duplicated, reproduced, sold, re-sold or exploited in violation of this Agreement
- If You use computer programming routines that are intended to aggregate records or reviews from the Service or otherwise damage, interfere with, disrupt, impair, disable or otherwise overburden our Website, You agree to pay One Hundred Dollars ($100) for each review or record that is aggregated, disrupted, damaged or otherwise affected by You.
- Except as set forth in the foregoing subsections (a) through (c), inclusive, You agree to pay the actual damages suffered by Angie’s List, including, but not limited to attorneys’ fees and court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of this Agreement, we reserve the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in this Agreement, or any combination thereof.
You agree that Angie’s List may communicate any notices to You under this Agreement, through electronic mail, regular mail or posting the notices on the Website. All notices to Angie’s List will be provided by either sending: (i) an email to [email protected]; or (ii) a letter, first class certified mail, to Angie’s List, 1030 East Washington, Indianapolis, Indiana 46202, Attn: Member Services. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.
In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), Angie’s List will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is:
Angie’s List, Inc.
1030 E. Washington St.
Indianapolis, IN 46202
Attn: Jill Arnold
Email: [email protected]
If You are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that Your work’s copyright or trademark has been infringed, please report Your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted;
- a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Angie’s List will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
This Agreement governs Your use of the Service and constitutes the entire agreement between You and Angie’s List. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between You and Angie’s List regarding the subject matter contained in this Agreement. Additional terms and conditions may exist between You and third parties, including but not limited to, Service Providers and others. You represent and warrant that those third party agreements do not interfere with Your obligations and duties to Angie’s List under this Agreement.
This Agreement and the relationship between You and Angie’s List will be governed by the laws of the State of Indiana, notwithstanding the choice of law provisions of the venue where any action is brought, where the violation occurred, where You may be located or any other jurisdiction. You agree and consent to the exclusive jurisdiction of the state or federal courts located in Marion County, Indiana and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court, except that Angie’s List may elect, in its sole discretion, to litigate the action in the county or state where any breach by You occurred or where You can be found. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to Your use of the Service or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
In the event Your Plan with Angie’s List is terminated or lapses or You are no longer a user of Angie’s List, certain provisions of this Agreement will continue to remain in effect, including, but not limited to, Sections 12, 14, 15, 17 and 24 through 31.
This Agreement may not be re-sold or assigned by You. If You assign, or try to assign, this Agreement, such assignment or attempted assignment will be void and unenforceable. It will not be considered a waiver of Angie’s List’s rights if Angie’s List fails to enforce any of the terms or conditions of this Agreement against You. In the event a court finds a provision in this Agreement to not be valid, You and Angie’s List agree that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid in the Agreement. No joint venture, partnership, employment or agency relationship exists between You and Angie’s List as a result of this Agreement or use of the Service. You acknowledge and agree that each of the Released Parties shall be an intended third party beneficiary of this Agreement.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SERVICE. BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Angi Project Submission Customer Agreement
Effective December 1, 2022
DownloadTable of Contents
Angi Project Submission Customer Agreement
Last updated on December 1, 2022
For Book Now Services, click here.
Angi Project Submission Customer Agreement is as follows:
1. ACCEPTANCE OF THIS AGREEMENT
Your access to, use of, or participation in this Angi Projects Submission Program (as defined below) is subject to this Angi Projects Submission Customer Agreement (“Agreement”) and all applicable Angi regulations, guidelines, and agreements. This Agreement and the Angi Privacy Policy, which is hereby incorporated herein, constitute a legally-binding contract between you and Angie’s List, Inc., d/b/a Angi ("Angi").
All references to “you” or “your,” as applicable, mean the person who accesses, uses, and/or participates in the Program in any manner. You may not access, use, and/or participate in the Program if you are under 18 years of age.
This Agreement shall be effective on the date accepted by you. Angi reserves the right to immediately terminate this Agreement for any reason at any time.
2. MODIFICATIONS TO THIS AGREEMENT AND PRIVACY POLICY
Angi reserves the right, in its sole discretion and at any time, to change, modify, or otherwise amend this Agreement and any other documents incorporated herein by reference. Angi will post any amended Agreements on its website in the same location where the prior Agreement was posted—i.e., where it is presented to you before submit your project (as defined below). It is your responsibility to review the Agreement for any changes. Your continued use of the Program will signify your assent to, and acceptance of, the amended Agreement. If you do not agree to abide by this or any amended Agreement, you are prohibited from participating in the Program.
3. DESCRIPTION OF PROJECT SUBMISSION PROGRAM
The Projects Submission Program is intended to provide a quick and easy way for Angi members or non-member visiting Angi's website, mobile application, or other Angi tools or platform (“Customers”) to find an eligible service provider who is interested in accepting a home improvement project (the “Program”). The goal is to connect Customers like you with a service provider who will quickly communicate with the Customer their availability and acceptance of the project should the Customer select them to perform the work.
4. INFORMATION YOU PROVIDE TO US/TCPA CONSENT
Upon using Angi, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Providers who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our Service Providers via phone, fax, email, mail, text (SMS) messaging, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You also authorize Angi to send you an automated prerecorded call confirming your service request, along with calls from up to four Service Providers that can help you with your request to the land-line or mobile phone number you provided, and you understand that either Angi or the Service Providers may use automated phone technology (including autodialed and prerecorded messages) to call you and that your consent is not required to purchase products or services. For complete details on our use of your information, please see our Privacy Policy. You agree that by completing a service request, you are entering into a business relationship with Angi and/or a Service Provider and thus agree to be contacted by Angi and/or a Service Provider. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Providers that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or Angi has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Angi has the right to refuse any current or future use of the Program (or any portion thereof) or any other Angi services by you. You are responsible for any use of the Program or any other Angi services by persons to whom you intentionally or negligently allow access to your password.
5. YOUR CONDUCT
In connection with your participation in the Program and use of the Platform, you represent and warrant that you:
- Are above the age of eighteen (18);
- Will abide by the letter and spirit of the terms and conditions of this Agreement and all applicable local, state, national or international laws;
- Will not submit any Projects or content that may be considered by Angi to be unlawful, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, invasive of another person’s privacy or proprietary rights, or racially, ethnically or otherwise objectionable;
- Will submit thorough and thoughtful Projects that will provide service providers with accurate and detailed information sufficient for them to understand the Project you would like to have completed;
- Will not submit Projects or content that comment on other service providers or Customers;
- Will not impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Angi, or otherwise attempt to mislead others as to your identity;
- Will not submit Projects or content that are encrypted or that contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that are intended to damage, interfere with, disrupt, impair, disable or otherwise overburden our Platform;
- Will not access, download or copy any content contained on our Platform through artificial means (including but not limited to spiders, hacking devices, computer programs, bots or other such means);
- Will not post non-local or otherwise irrelevant Projects or content, repeatedly post the same or similar Projects or content, or otherwise impose an unreasonable or disproportionately large load on our Platform;
- Will not take any action that would undermine the Program or Platform;
- Will not attempt to gain unauthorized access to the Platform, other user accounts, or other computer systems or networks connected to the Platform;
- Will not use the Platform in any manner that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any material that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
- Will not use the Platform in any way that could interfere with the rights of Angi or the rights of other users of the Platform;
- Have sufficient rights in and to all content that you provide, transmit or otherwise convey to Angi in connection with the Program;
- Agree not to re-sell or assign your rights or obligations under this Agreement;
- Will not reproduce, duplicate, copy, sell, re-sell or exploit any content on the Platform;
- Will not access the Platform for any commercial, educational or other purposes not related to your personal purchasing decisions, the express written consent of Angi, which consent may be withheld by Angi in our discretion;
- Grant us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute the content you provide in the Platform and to prepare derivative works of, or to incorporate such content into other works, and to grant and to authorize sublicenses of the foregoing; and
- Agree not to create an account or use Angi services if your account previously has been terminated by Angi or if you previously have been banned from using the services.
The content that you provide does not reflect the views of Angi, its officers, managers, owners, employees, agents, designees or other users. In addition, Angi retains the right, in its sole discretion, to determine whether or not your use of the Program or Platform is consistent with the terms and conditions of this Agreement. Angi may suspend, restrict or terminate your use of the Program and to refuse any future use of all or portions of the Program or Platform if your use breaches or fails to comply with any of the terms and conditions of this Agreement. Additionally, Angi may seek any and all other remedies available to it, including: (a) seeking injunctive relief with any court of competent jurisdiction to enjoin any breach or failure to comply with any of the terms and conditions of this Agreement; and/or (b) if damages are ascertainable, seeking damages relating to any breach or failure to comply with any of the terms and conditions of this Agreement.
6. ANGI IS NOT A SERVICE PROVIDER, MERCHANT OF RECORD, OR GENERAL CONTRACTOR
Angi is not the service provider, is not in the business of providing the services or selling the goods subject of any Lead, Project, or service contract entered into between you and the service provider (“Service Contract”), and is not responsible in any way for the provision of services or sale of goods offered by such service provider or Service Contract. Angi is not a merchant of record or general contractor. Except as provided herein, you shall solely look to the applicable service provider for the facilitation of services or sale of goods relating to the Project or Service Contract. Angi is merely operating the Program and Platform that help connect you with the service provider interested in your Project.
7. PUBLICATION AND DISTRIBUTION OF CONTENT
Angi does not guarantee the accuracy, integrity, quality or appropriateness of any content transmitted to or through the Platform. You acknowledge that Angi simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of content posted by you or a service provider. You understand that all content posted on, transmitted through, or linked through the Platform, are the sole responsibility of the person from whom such content originated. You understand that Angi does not control, and is not responsible for content available through the Platform, and that by using the Platform, you may be exposed to content that is inaccurate, misleading, or offensive. You agree that you must evaluate and make your own judgment, and bear all risks associated with, the use of any content.
You further acknowledge that Angi has no obligation to screen, preview, monitor or approve any content published by you, a service provider, or a third party. However, Angi reserves the right to review and delete any content that, in its sole judgment, violates the terms and conditions of this Agreement. By participating in the Program and using the Platform, you agree that it is solely YOUR RESPONSIBILITY to evaluate your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any content that you submit, receive, access, transmit or otherwise convey through the Platform. Under no circumstances will Angi be liable in any way for any content provided by you, a service provider, or a third party, including without limitation, content that contains any errors, omissions, defamatory statements, or confidential or private information or for any loss or damage of any kind incurred as a result of the use of any content submitted, accessed, transmitted or otherwise conveyed via the Platform. You waive the right to bring or assert any claim against Angi relating to your content or the content or a service provider or other third party, and release Angi from any and all liability for or relating to any such content.
8. SERVICE PROVIDERS
The applicable service provider shall be solely responsible for the provision of services and sale of goods subject to the Project or Service Contract and for any and all injuries, illnesses, damages, costs, expenses, liabilities, or otherwise suffered or incurred by you in connection with the fulfillment of or failure to perform the services of the Project or Service Contract.
Angi does not endorse and is not responsible or liable for any content, data, advertising, products, goods or services available or unavailable from, or through, any service providers. You agree that should you use or rely on such content, data, advertisement, products, goods or services, available or unavailable from, or through any service Provider, Angi is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with or participation in promotions of any service provider, and any other terms, conditions, representations or warranties associated with such dealings (including without limitation any Service Contracts), are between you and such service provider exclusively and do not involve Angi. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging service providers.
You agree that Angi is not responsible for the accessibility or unavailability of any service provider or for your interactions and dealings with them, waive the right to bring or assert any claim against Angi relating to any interactions or dealings with any service provider, and release Angi from any and all liability for or relating to any interactions or dealings with service providers.
Angi may, in its sole discretion, have criminal and/or financial background checks conducted on certain service providers. By having such background checks conducted, ANGI DOES NOT WAIVE ANY OF ITS DISCLAIMER OR LIMITATIONS OF LIABILITY, INCLUDING WITHOUT LIMITATION, THOSE SET FORTH UNDER THIS SECTION, SECTION 18 (WARRANTY DISCLAIMER), OR SECTION 19 (LIMITATION OF LIABILITY).
9. ANGI KEY MEMBERSHIP
- Select: Angi may from time to time offer consumers the opportunity to purchase certain Angi services at a discount provided the consumer first agrees to purchase an annual Angi Key Membership ("Angi Key Membership"). Any discounts obtained through the Angi Key Membership cannot be combined or used with any other discounts, coupons or offers on Book Now Services.
- BILLING AND AUTOMATIC RENEWAL: When you first sign up and purchase Angi Key Membership, you will be billed immediately for your initial Angi Key Membership subscription period. BY ENROLLING IN ANGI KEY MEMBERSHIP, IN ADDITION TO ANY PROFESSIONAL SERVICES YOU PURCHASE THROUGH ANGI KEY MEMBERSHIP, YOU AUTHORIZE ANGI TO CHARGE YOU FOR YOUR INITIAL ANGI KEY MEMBERSHIP SUBSCRIPTION PERIOD AND A RECURRING ANNUAL MEMBERSHIP AT THE THEN CURRENT RATE, WHICH MAY CHANGE FROM TIME TO TIME. YOUR ANGI KEY MEMBERSHIP WILL AUTOMATICALLY RENEW AND PRIOR TO THE START OF THE NEXT SUBSCRIPTION PERIOD, YOU WILL BE CHARGED THE APPLICABLE ANGI KEY MEMBERSHIP FEE TO YOUR PROVIDED PAYMENT METHOD ON A RECURRING BASIS UNTIL CANCELED AS SET FORTH HEREIN. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR ANGI KEY MEMBERSHIP TO AUTO RENEW, YOU UNDERSTAND THAT YOUR ANGI KEY MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE ANGI (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
- Cancellation Fees: The cancellation and rescheduling of any Angi Service while you are enrolled in the Angi Key Membership is subject to the cancellation policy, including the payment of any cancellation fees, as further described above.
- Declination of Payment: If an eligible payment method Angi has on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your Angi Key Membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your Angi Key Membership period will be based on the original enrollment or renewal date and not the date of the successful charge.
- CANCELLATION OF AUTOMATICALLY RENEWING MEMBERSHIP: YOU WILL NOT BE CHARGED AN ANGI KEY MEMBERSHIP FEE FOR THE SUBSEQUENT PERIOD IF YOU CANCEL YOUR ANGI KEY MEMBERSHIP AT LEAST THREE DAYS BEFORE YOUR NEXT ANGI KEY MEMBERSHIP RENEWAL DATE. You may cancel your Angi Key Membership by visiting the Angi Contact Center at or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159. Following cancellation of your Angi Key Membership you will continue to have access to your Angi Key Membership through the end of your current paid Angi Key Membership period. Should you cancel your Angi Key Membership, Angi reserves the right to cancel any Angi Service appointments scheduled outside the current paid Angi Key Membership period.
- LIMITATIONS ON ANGI KEY MEMBERSHIP: For non-Book Now Services, your discount is capped at $35 per service and must be requested via Angi.
10. OTHER OFFERS AND DISCOUNTS
- Promotional Coupon
- Promotional coupons are only eligible for the specific services designated by Angi. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. Angi reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons.
- Angi promotional coupons have no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use Angi. Promotional coupons may not be purchased for cash and Angi does not sell promotional coupons. Promotional coupons are nonrefundable.
- Promotional coupons will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
- Your Angi account will be billed for all fees and charges for use of any ineligible services. Each promotional coupon can only be used once and your Angi account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional coupon.
- Promotional coupons are only eligible for the specific services designated by Angi. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. Angi reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, Angi, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
11. MINIMUM AGE
If you are under the age of eighteen (18), you are prohibited from participating in the Program.
12. LIMITED LICENSE
By agreeing to this Agreement, Angi grants you a limited license to access, participate in and use the Program and the Platform. You acknowledge and agree that you will not access, reproduce, duplicate, copy, sell, re-sell, visit or otherwise exploit for any commercial, educational (or any other non-personal) purpose any content or any portion of Program or Platform, without the express written consent of Angi.
13. MODIFICATION, LIMITATION, AND DISCONTINUANCE
Angi reserves the right to, at any time and without notice, limit access to, modify, change or discontinue the Program. You agree that Angi will not be liable to you or to any third party for any such limitation, modification, change, suspension, or discontinuance of the Program. You agree that Angi may establish general practices, policies and limits, which may or may not be published, concerning the use or operation of the Program.
14. DELAYS
Angi is not responsible for any delays, failures or other damage resulting from delays and/or other problems inherent in the use of the Internet and electronic communications.
15. FEEDBACK
Angi appreciates hearing from you, as well as our other users, and welcomes your comments regarding the Program and any other Angi product, program, or service. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, or materials other than those that we have specifically requested.
Although we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts or other content (collectively, the “Submissions”), such submissions will be the property of Angi. In addition, none of the Submissions will be subject to any obligations of confidentiality and Angi will not be liable for any future use or disclosure of such Submissions.
16. COPYRIGHT MATERIALS
You acknowledge and agree that all content and other information on the Platform, including, but not limited to, all text, graphics, logos, icons, images, audio clips, downloads, data compilations and software (collectively, the “Copyright Materials”) are the property of Angi or used with the express permission of the owner of such Copyright Materials and are protected by all United States and international copyright laws.
17. WARRANTY DISCLAIMER
You understand and agree that the PROGRAM AND PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT ANGI ASSUMES NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO THE PROGRAM AND PLATFORM. ANGI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY THAT (A) SERVICES WILL BE UNINTERRUPTED, TIMELY PERFORMED, SECURE OR ERROR-FREE, (B) ANY CONTENT OR INFORMATION YOU PROVIDE OR ANGI COLLECTS WILL NOT BE DISCLOSED, (C) ANY SERVICE PROVIDER OR GOODS SOLD OR PROVIDED IN CONNECTION WITH A SERVICE CONTRACT WILL BE FREE FROM DEFECT, OR (D) ANY ERRORS IN ANY SERVICE WILL BE CORRECTED. YOU AGREE THAT THE PARTICIPATION IN THE PROGRAM AND USE OF THE PLATFORM IS AT YOUR OWN RISK. In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to you as they relate to implied warranties.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANGI WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ANGI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM THIS AGREEMENT, YOUR USE OF THE PROGRAM AND PLATFORM, OR ANY OTHER MATTER RELATING TO THE SITE OR ANY SPECIFIC SERVICE REQUEST. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.
TO THE EXTENT ANGI IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT OR THE USE OR OPERATION OF THE PLATFORM, ANGI’S LIABILITY FOR DAMAGES WILL NOT EXCEED THE EQUIVALENT OF THE VALUE OF THE SERVICE YOU RECEIVED THROUGH THE PROGRAM.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ANGI CONTRACTS WITH A THIRD PARTY TO PROCESS YOUR PAYMENT TO ANGI THROUGH THE USE OF A CREDIT CARD (A “CREDIT CARD PROCESSOR”). YOU UNDERSTAND AND AGREE THAT NEITHER A CREDIT CARD PROCESSOR NOR ANY OTHER PARTY INVOLVED IN THE CREDIT CARD PROCESSING PROCESS FOR ANGI, INCLUDING, BUT NOT LIMITED TO, THE COMPANY ISSUING THE CREDIT CARD TO YOU AND THE MERCHANT BANK (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL BE LIABLE FOR ANY DAMAGES (AS DEFINED HEREIN AND SUBJECT TO THE LIMITATIONS SET FORTH IN THIS SECTION 19) SUFFERED BY YOU AS A RESULT OF ANY BREACH OF THIS AGREEMENT BY ANGI. YOU HEREBY RELEASE EACH OF THE RELEASED PARTIES FROM ANY AND ALL DAMAGES YOU MAY SUFFER AS A RESULT OF ANY BREACH OF THIS AGREEMENT BY ANGI. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FOR ANY AND ALL DAMAGES IT MAY SUFFER AS A RESULT OF YOUR BREACH OF THIS SECTION 19. YOU HEREBY UNDERSTAND AND AGREE THAT ANGI SHALL BE SOLELY LIABLE FOR THE PAYMENT OF ANY DAMAGES TO YOU UNDER THIS AGREEMENT.
19. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Angi, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of this Agreement by you; (b) any goods or services purchased by or contracted by you through the Program, the Platform, or any service contract entered into between you and a service provider; or (c) any violation of any rights of another or harm you may have caused to another. Angi will have sole control of the defense of any such damage or claim.
20. BREACH OF AGREEMENT AND LIQUIDATED DAMAGES
- You understand and agree that, because damages are often difficult to calculate, if it becomes necessary for Angi to pursue legal action to enforce the terms and conditions of this Agreement, you will be liable to pay us the following amounts as liquidated damages, which you accept as reasonable estimates of Angi’s damages for the specified breaches of this Agreement.
- If you post content in violation of this Agreement, you agree to promptly pay Angi One Thousand Dollars ($1,000) for each item of content posted in violation of this Agreement. We may (but shall not be required to) to issue you a warning before assessing damages.
- If you display, copy, duplicate, reproduce, sell, re-sell or exploit for any purpose any content in violation of this Agreement, you agree to pay One Thousand Dollars ($1,000) for each item of content displayed, copied, duplicated, reproduced, sold, resold or exploited in violation of this Agreement.
- If you use computer programming routines that are intended to aggregate records or content from the Platform or otherwise damage, interfere with, disrupt, impair, disable or otherwise overburden our Platform, you agree to pay One Hundred Dollars ($100) for each review or record that is aggregated, disrupted, damaged or otherwise affected by you.
- Except as set forth in the foregoing subsections (1) through (3), inclusive, you agree to pay the actual damages suffered by Angi, including, but not limited to attorneys’ fees and court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of this Agreement, we reserve the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in this Agreement, or any combination thereof.
21. NOTICE
You agree that Angi may communicate any notices to you under this Agreement, through electronic mail, regular mail or posting the notices on the Platform. All notices to Angi will be provided by either sending a letter, first class certified mail, to Angie’s List, Inc. d/b/a Angi, 130 East Washington, Indianapolis, Indiana 46204, Attn: Customer Care. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.
In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), Angi will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is: Angie’s List, Inc. d/b/a Angi, 130 E. Washington St., Indianapolis, IN 46204, Attn: Designated Agent, or email to Email: [email protected].
If you are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that your work’s copyright or trademark has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted;
- A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Angi will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
22. MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and Angi, including without limitation any dispute or claim related to or arising out of this Agreement ("Dispute"), you and Angi may attempt to negotiate any Dispute informally (the "Informal Negotiations") before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this Section is your physical address that you have provided to Angi. Angi's address for such notices is: Angie’s List, Inc., d/b/a Angi, Attn: Legal Department, 130 E. Washington St., Indianapolis, IN 46204.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and Angi agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration ("Arbitration Agreement"). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, Angi will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the "Class Action Waiver" described in Subsection (4) below.
- Excluded Disputes. You and Angi agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for injunctive relief.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. To fullest extent permitted by applicable law, You and Angi agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action ("Class Action Waiver"). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and Angi agree that if any portion of this Section entitled "Mutual Arbitration Agreement" is found illegal or unenforceable, that portion will be severed, and the remainder of this Section will be given full force and effect.
23. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, without giving effect to any choice or conflict of law provision or rule (either of the State of Indiana or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Indiana.
24. LIMITATIONS PERIOD
Regardless of any statute or law to the contrary, you agree that any claim or cause of action arising out or related to your participation in the Program or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
25. NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California web users are entitled to the following specific consumer rights notice: The Services are provided by Angie’s List, Inc. d/b/a Angi, 130 E. Washington St., Indianapolis, Indiana 46204. If you have any questions, concerns, or complaints regarding the Services, please contact Angi, Inc. by (i) signing into your account and visiting Member Support to chat with a specialist; or (ii) sending a letter, first class certified mail, to Angie’s List, Inc. d/b/a Angi, 130 East Washington, Indianapolis, Indiana 46204, Attn: Customer Care.
California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
26. ASSIGNMENT
You may not assign or otherwise transfer this Agreement or any of its rights and/or obligations relating to this Agreement without the prior written consent of Angi.
27. WAIVER
Neither party shall be deemed to have waived any of its rights, powers, or remedies hereunder, except in an express writing signed by an authorized agent or representative of the party to be charged.
28. SEVERABILITY
If a provision of this Agreement is or becomes illegal, invalid, or unenforceable in any jurisdiction, that shall not affect: (1) the validity or enforceability in that jurisdiction of any other provision of this Agreement; or (2) the validity or enforceability in other jurisdictions of that or any other provision of this Agreement.
29. ENTIRE AGREEMENT
This Agreement along with the Angi Terms of Use, Privacy Policy, and Membership Agreement (if applicable) entered into by you and Angi governs your use of the Program and Program and constitutes the entire agreement between you and Angi with respect to the Program. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and Angi regarding the subject matter contained in this Agreement. Additional terms and conditions may exist between you and third parties, including but not limited to, any service contract you enter into with a service provider. You represent and warrant that those third-party agreements (including the any such service contract) do not interfere with your obligations and duties to Angi under this Agreement.
30. BINDING EFFECT
This Agreement and the rights and obligations created hereunder shall be binding upon and inure solely to the benefit of you and Angi and our respective successors and permitted assigns, and no other person shall acquire or have any right under or by virtue of this Agreement.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE PLATFORM. OR PARTICIPATE IN THE PROGRAM. YOU ACKNOWLEDGE THAT YOU HAVE READ, HAVE UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT.
31. PROVISIONS REMAINING IN EFFECT
In the event this Agreement is terminated, certain provisions of this Agreement will continue to remain in effect, including, but not limited to, Sections 4, and Sections 16-24.
Effective December 1, 2022 to December 1, 2022
DownloadTable of Contents
Angi Project Submission Customer Agreement
Last updated on December 1, 2022
For Book Now Services, click here.
Angi Project Submission Customer Agreement is as follows:
1. ACCEPTANCE OF THIS AGREEMENT
Your access to, use of, or participation in this Angi Projects Submission Program (as defined below) is subject to this Angi Projects Submission Customer Agreement (“Agreement”) and all applicable Angi regulations, guidelines, and agreements. This Agreement and the Angi Privacy Policy, which is hereby incorporated herein, constitute a legally-binding contract between you and Angie’s List, Inc., d/b/a Angi ("Angi").
All references to “you” or “your,” as applicable, mean the person who accesses, uses, and/or participates in the Program in any manner. You may not access, use, and/or participate in the Program if you are under 18 years of age.
This Agreement shall be effective on the date accepted by you. Angi reserves the right to immediately terminate this Agreement for any reason at any time.
2. MODIFICATIONS TO THIS AGREEMENT AND PRIVACY POLICY
Angi reserves the right, in its sole discretion and at any time, to change, modify, or otherwise amend this Agreement and any other documents incorporated herein by reference. Angi will post any amended Agreements on its website in the same location where the prior Agreement was posted—i.e., where it is presented to you before submit your project (as defined below). It is your responsibility to review the Agreement for any changes. Your continued use of the Program will signify your assent to, and acceptance of, the amended Agreement. If you do not agree to abide by this or any amended Agreement, you are prohibited from participating in the Program.
3. DESCRIPTION OF PROJECT SUBMISSION PROGRAM
The Projects Submission Program is intended to provide a quick and easy way for Angi members or non-member visiting Angi's website, mobile application, or other Angi tools or platform (“Customers”) to find an eligible service provider who is interested in accepting a home improvement project (the “Program”). The goal is to connect Customers like you with a service provider who will quickly communicate with the Customer their availability and acceptance of the project should the Customer select them to perform the work.
4. INFORMATION YOU PROVIDE TO US/TCPA CONSENT
Upon using Angi, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Providers who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our Service Providers via phone, fax, email, mail, text (SMS) messaging, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You also authorize Angi to send you an automated prerecorded call confirming your service request, along with calls from up to four Service Providers that can help you with your request to the land-line or mobile phone number you provided, and you understand that either Angi or the Service Providers may use automated phone technology (including autodialed and prerecorded messages) to call you and that your consent is not required to purchase products or services. For complete details on our use of your information, please see our Privacy Policy. You agree that by completing a service request, you are entering into a business relationship with Angi and/or a Service Provider and thus agree to be contacted by Angi and/or a Service Provider. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Providers that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or Angi has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Angi has the right to refuse any current or future use of the Program (or any portion thereof) or any other Angi services by you. You are responsible for any use of the Program or any other Angi services by persons to whom you intentionally or negligently allow access to your password.
5. YOUR CONDUCT
In connection with your participation in the Program and use of the Platform, you represent and warrant that you:
- Are above the age of eighteen (18);
- Will abide by the letter and spirit of the terms and conditions of this Agreement and all applicable local, state, national or international laws;
- Will not submit any Projects or content that may be considered by Angi to be unlawful, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, invasive of another person’s privacy or proprietary rights, or racially, ethnically or otherwise objectionable;
- Will submit thorough and thoughtful Projects that will provide service providers with accurate and detailed information sufficient for them to understand the Project you would like to have completed;
- Will not submit Projects or content that comment on other service providers or Customers;
- Will not impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Angi, or otherwise attempt to mislead others as to your identity;
- Will not submit Projects or content that are encrypted or that contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that are intended to damage, interfere with, disrupt, impair, disable or otherwise overburden our Platform;
- Will not access, download or copy any content contained on our Platform through artificial means (including but not limited to spiders, hacking devices, computer programs, bots or other such means);
- Will not post non-local or otherwise irrelevant Projects or content, repeatedly post the same or similar Projects or content, or otherwise impose an unreasonable or disproportionately large load on our Platform;
- Will not take any action that would undermine the Program or Platform;
- Will not attempt to gain unauthorized access to the Platform, other user accounts, or other computer systems or networks connected to the Platform;
- Will not use the Platform in any manner that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any material that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
- Will not use the Platform in any way that could interfere with the rights of Angi or the rights of other users of the Platform;
- Have sufficient rights in and to all content that you provide, transmit or otherwise convey to Angi in connection with the Program;
- Agree not to re-sell or assign your rights or obligations under this Agreement;
- Will not reproduce, duplicate, copy, sell, re-sell or exploit any content on the Platform;
- Will not access the Platform for any commercial, educational or other purposes not related to your personal purchasing decisions, the express written consent of Angi, which consent may be withheld by Angi in our discretion;
- Grant us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute the content you provide in the Platform and to prepare derivative works of, or to incorporate such content into other works, and to grant and to authorize sublicenses of the foregoing; and
- Agree not to create an account or use Angi services if your account previously has been terminated by Angi or if you previously have been banned from using the services.
The content that you provide does not reflect the views of Angi, its officers, managers, owners, employees, agents, designees or other users. In addition, Angi retains the right, in its sole discretion, to determine whether or not your use of the Program or Platform is consistent with the terms and conditions of this Agreement. Angi may suspend, restrict or terminate your use of the Program and to refuse any future use of all or portions of the Program or Platform if your use breaches or fails to comply with any of the terms and conditions of this Agreement. Additionally, Angi may seek any and all other remedies available to it, including: (a) seeking injunctive relief with any court of competent jurisdiction to enjoin any breach or failure to comply with any of the terms and conditions of this Agreement; and/or (b) if damages are ascertainable, seeking damages relating to any breach or failure to comply with any of the terms and conditions of this Agreement.
6. ANGI IS NOT A SERVICE PROVIDER, MERCHANT OF RECORD, OR GENERAL CONTRACTOR
Angi is not the service provider, is not in the business of providing the services or selling the goods subject of any Lead, Project, or service contract entered into between you and the service provider (“Service Contract”), and is not responsible in any way for the provision of services or sale of goods offered by such service provider or Service Contract. Angi is not a merchant of record or general contractor. Except as provided herein, you shall solely look to the applicable service provider for the facilitation of services or sale of goods relating to the Project or Service Contract. Angi is merely operating the Program and Platform that help connect you with the service provider interested in your Project.
7. PUBLICATION AND DISTRIBUTION OF CONTENT
Angi does not guarantee the accuracy, integrity, quality or appropriateness of any content transmitted to or through the Platform. You acknowledge that Angi simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of content posted by you or a service provider. You understand that all content posted on, transmitted through, or linked through the Platform, are the sole responsibility of the person from whom such content originated. You understand that Angi does not control, and is not responsible for content available through the Platform, and that by using the Platform, you may be exposed to content that is inaccurate, misleading, or offensive. You agree that you must evaluate and make your own judgment, and bear all risks associated with, the use of any content.
You further acknowledge that Angi has no obligation to screen, preview, monitor or approve any content published by you, a service provider, or a third party. However, Angi reserves the right to review and delete any content that, in its sole judgment, violates the terms and conditions of this Agreement. By participating in the Program and using the Platform, you agree that it is solely YOUR RESPONSIBILITY to evaluate your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any content that you submit, receive, access, transmit or otherwise convey through the Platform. Under no circumstances will Angi be liable in any way for any content provided by you, a service provider, or a third party, including without limitation, content that contains any errors, omissions, defamatory statements, or confidential or private information or for any loss or damage of any kind incurred as a result of the use of any content submitted, accessed, transmitted or otherwise conveyed via the Platform. You waive the right to bring or assert any claim against Angi relating to your content or the content or a service provider or other third party, and release Angi from any and all liability for or relating to any such content.
8. SERVICE PROVIDERS
The applicable service provider shall be solely responsible for the provision of services and sale of goods subject to the Project or Service Contract and for any and all injuries, illnesses, damages, costs, expenses, liabilities, or otherwise suffered or incurred by you in connection with the fulfillment of or failure to perform the services of the Project or Service Contract.
Angi does not endorse and is not responsible or liable for any content, data, advertising, products, goods or services available or unavailable from, or through, any service providers. You agree that should you use or rely on such content, data, advertisement, products, goods or services, available or unavailable from, or through any service Provider, Angi is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with or participation in promotions of any service provider, and any other terms, conditions, representations or warranties associated with such dealings (including without limitation any Service Contracts), are between you and such service provider exclusively and do not involve Angi. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging service providers.
You agree that Angi is not responsible for the accessibility or unavailability of any service provider or for your interactions and dealings with them, waive the right to bring or assert any claim against Angi relating to any interactions or dealings with any service provider, and release Angi from any and all liability for or relating to any interactions or dealings with service providers.
Angi may, in its sole discretion, have criminal and/or financial background checks conducted on certain service providers. By having such background checks conducted, ANGI DOES NOT WAIVE ANY OF ITS DISCLAIMER OR LIMITATIONS OF LIABILITY, INCLUDING WITHOUT LIMITATION, THOSE SET FORTH UNDER THIS SECTION, SECTION 18 (WARRANTY DISCLAIMER), OR SECTION 19 (LIMITATION OF LIABILITY).
9. ANGI KEY MEMBERSHIP
- Select: Angi may from time to time offer consumers the opportunity to purchase certain Angi services at a discount provided the consumer first agrees to purchase an annual Angi Key Membership ("Angi Key Membership"). Any discounts obtained through the Angi Key Membership cannot be combined or used with any other discounts, coupons or offers on Book Now Services.
- BILLING AND AUTOMATIC RENEWAL: When you first sign up and purchase Angi Key Membership, you will be billed immediately for your initial Angi Key Membership subscription period. BY ENROLLING IN ANGI KEY MEMBERSHIP, IN ADDITION TO ANY PROFESSIONAL SERVICES YOU PURCHASE THROUGH ANGI KEY MEMBERSHIP, YOU AUTHORIZE ANGI TO CHARGE YOU FOR YOUR INITIAL ANGI KEY MEMBERSHIP SUBSCRIPTION PERIOD AND A RECURRING ANNUAL MEMBERSHIP AT THE THEN CURRENT RATE, WHICH MAY CHANGE FROM TIME TO TIME. YOUR ANGI KEY MEMBERSHIP WILL AUTOMATICALLY RENEW AND PRIOR TO THE START OF THE NEXT SUBSCRIPTION PERIOD, YOU WILL BE CHARGED THE APPLICABLE ANGI KEY MEMBERSHIP FEE TO YOUR PROVIDED PAYMENT METHOD ON A RECURRING BASIS UNTIL CANCELED AS SET FORTH HEREIN. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR ANGI KEY MEMBERSHIP TO AUTO RENEW, YOU UNDERSTAND THAT YOUR ANGI KEY MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE ANGI (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
- Cancellation Fees: The cancellation and rescheduling of any Angi Service while you are enrolled in the Angi Key Membership is subject to the cancellation policy, including the payment of any cancellation fees, as further described above.
- Declination of Payment: If an eligible payment method Angi has on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your Angi Key Membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your Angi Key Membership period will be based on the original enrollment or renewal date and not the date of the successful charge.
- CANCELLATION OF AUTOMATICALLY RENEWING MEMBERSHIP: YOU WILL NOT BE CHARGED AN ANGI KEY MEMBERSHIP FEE FOR THE SUBSEQUENT PERIOD IF YOU CANCEL YOUR ANGI KEY MEMBERSHIP AT LEAST THREE DAYS BEFORE YOUR NEXT ANGI KEY MEMBERSHIP RENEWAL DATE. You may cancel your Angi Key Membership by visiting the Angi Contact Center at or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159. Following cancellation of your Angi Key Membership you will continue to have access to your Angi Key Membership through the end of your current paid Angi Key Membership period. Should you cancel your Angi Key Membership, Angi reserves the right to cancel any Angi Service appointments scheduled outside the current paid Angi Key Membership period.
- LIMITATIONS ON ANGI KEY MEMBERSHIP: For non-Book Now Services, your discount is capped at $35 per service and must be requested via Angi.
10. OTHER OFFERS AND DISCOUNTS
- Promotional Coupon
- Promotional coupons are only eligible for the specific services designated by Angi. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. Angi reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons.
- Angi promotional coupons have no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use Angi. Promotional coupons may not be purchased for cash and Angi does not sell promotional coupons. Promotional coupons are nonrefundable.
- Promotional coupons will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
- Your Angi account will be billed for all fees and charges for use of any ineligible services. Each promotional coupon can only be used once and your Angi account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional coupon.
- Promotional coupons are only eligible for the specific services designated by Angi. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. Angi reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, Angi, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
11. MINIMUM AGE
If you are under the age of eighteen (18), you are prohibited from participating in the Program.
12. LIMITED LICENSE
By agreeing to this Agreement, Angi grants you a limited license to access, participate in and use the Program and the Platform. You acknowledge and agree that you will not access, reproduce, duplicate, copy, sell, re-sell, visit or otherwise exploit for any commercial, educational (or any other non-personal) purpose any content or any portion of Program or Platform, without the express written consent of Angi.
13. MODIFICATION, LIMITATION, AND DISCONTINUANCE
Angi reserves the right to, at any time and without notice, limit access to, modify, change or discontinue the Program. You agree that Angi will not be liable to you or to any third party for any such limitation, modification, change, suspension, or discontinuance of the Program. You agree that Angi may establish general practices, policies and limits, which may or may not be published, concerning the use or operation of the Program.
14. DELAYS
Angi is not responsible for any delays, failures or other damage resulting from delays and/or other problems inherent in the use of the Internet and electronic communications.
15. FEEDBACK
Angi appreciates hearing from you, as well as our other users, and welcomes your comments regarding the Program and any other Angi product, program, or service. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, or materials other than those that we have specifically requested.
Although we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts or other content (collectively, the “Submissions”), such submissions will be the property of Angi. In addition, none of the Submissions will be subject to any obligations of confidentiality and Angi will not be liable for any future use or disclosure of such Submissions.
16. COPYRIGHT MATERIALS
You acknowledge and agree that all content and other information on the Platform, including, but not limited to, all text, graphics, logos, icons, images, audio clips, downloads, data compilations and software (collectively, the “Copyright Materials”) are the property of Angi or used with the express permission of the owner of such Copyright Materials and are protected by all United States and international copyright laws.
17. WARRANTY DISCLAIMER
You understand and agree that the PROGRAM AND PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT ANGI ASSUMES NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO THE PROGRAM AND PLATFORM. ANGI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY THAT (A) SERVICES WILL BE UNINTERRUPTED, TIMELY PERFORMED, SECURE OR ERROR-FREE, (B) ANY CONTENT OR INFORMATION YOU PROVIDE OR ANGI COLLECTS WILL NOT BE DISCLOSED, (C) ANY SERVICE PROVIDER OR GOODS SOLD OR PROVIDED IN CONNECTION WITH A SERVICE CONTRACT WILL BE FREE FROM DEFECT, OR (D) ANY ERRORS IN ANY SERVICE WILL BE CORRECTED. YOU AGREE THAT THE PARTICIPATION IN THE PROGRAM AND USE OF THE PLATFORM IS AT YOUR OWN RISK. In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to you as they relate to implied warranties.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANGI WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ANGI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM THIS AGREEMENT, YOUR USE OF THE PROGRAM AND PLATFORM, OR ANY OTHER MATTER RELATING TO THE SITE OR ANY SPECIFIC SERVICE REQUEST. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.
TO THE EXTENT ANGI IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT OR THE USE OR OPERATION OF THE PLATFORM, ANGI’S LIABILITY FOR DAMAGES WILL NOT EXCEED THE EQUIVALENT OF THE VALUE OF THE SERVICE YOU RECEIVED THROUGH THE PROGRAM.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ANGI CONTRACTS WITH A THIRD PARTY TO PROCESS YOUR PAYMENT TO ANGI THROUGH THE USE OF A CREDIT CARD (A “CREDIT CARD PROCESSOR”). YOU UNDERSTAND AND AGREE THAT NEITHER A CREDIT CARD PROCESSOR NOR ANY OTHER PARTY INVOLVED IN THE CREDIT CARD PROCESSING PROCESS FOR ANGI, INCLUDING, BUT NOT LIMITED TO, THE COMPANY ISSUING THE CREDIT CARD TO YOU AND THE MERCHANT BANK (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL BE LIABLE FOR ANY DAMAGES (AS DEFINED HEREIN AND SUBJECT TO THE LIMITATIONS SET FORTH IN THIS SECTION 19) SUFFERED BY YOU AS A RESULT OF ANY BREACH OF THIS AGREEMENT BY ANGI. YOU HEREBY RELEASE EACH OF THE RELEASED PARTIES FROM ANY AND ALL DAMAGES YOU MAY SUFFER AS A RESULT OF ANY BREACH OF THIS AGREEMENT BY ANGI. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FOR ANY AND ALL DAMAGES IT MAY SUFFER AS A RESULT OF YOUR BREACH OF THIS SECTION 19. YOU HEREBY UNDERSTAND AND AGREE THAT ANGI SHALL BE SOLELY LIABLE FOR THE PAYMENT OF ANY DAMAGES TO YOU UNDER THIS AGREEMENT.
19. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Angi, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of this Agreement by you; (b) any goods or services purchased by or contracted by you through the Program, the Platform, or any service contract entered into between you and a service provider; or (c) any violation of any rights of another or harm you may have caused to another. Angi will have sole control of the defense of any such damage or claim.
20. BREACH OF AGREEMENT AND LIQUIDATED DAMAGES
- You understand and agree that, because damages are often difficult to calculate, if it becomes necessary for Angi to pursue legal action to enforce the terms and conditions of this Agreement, you will be liable to pay us the following amounts as liquidated damages, which you accept as reasonable estimates of Angi’s damages for the specified breaches of this Agreement.
- If you post content in violation of this Agreement, you agree to promptly pay Angi One Thousand Dollars ($1,000) for each item of content posted in violation of this Agreement. We may (but shall not be required to) to issue you a warning before assessing damages.
- If you display, copy, duplicate, reproduce, sell, re-sell or exploit for any purpose any content in violation of this Agreement, you agree to pay One Thousand Dollars ($1,000) for each item of content displayed, copied, duplicated, reproduced, sold, resold or exploited in violation of this Agreement.
- If you use computer programming routines that are intended to aggregate records or content from the Platform or otherwise damage, interfere with, disrupt, impair, disable or otherwise overburden our Platform, you agree to pay One Hundred Dollars ($100) for each review or record that is aggregated, disrupted, damaged or otherwise affected by you.
- Except as set forth in the foregoing subsections (1) through (3), inclusive, you agree to pay the actual damages suffered by Angi, including, but not limited to attorneys’ fees and court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of this Agreement, we reserve the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in this Agreement, or any combination thereof.
21. NOTICE
You agree that Angi may communicate any notices to you under this Agreement, through electronic mail, regular mail or posting the notices on the Platform. All notices to Angi will be provided by either sending a letter, first class certified mail, to Angie’s List, Inc. d/b/a Angi, 130 East Washington, Indianapolis, Indiana 46204, Attn: Customer Care. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.
In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), Angi will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is: Angie’s List, Inc. d/b/a Angi, 130 E. Washington St., Indianapolis, IN 46204, Attn: Designated Agent, or email to Email: [email protected].
If you are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that your work’s copyright or trademark has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted;
- A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Angi will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
22. MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and Angi, including without limitation any dispute or claim related to or arising out of this Agreement ("Dispute"), you and Angi may attempt to negotiate any Dispute informally (the "Informal Negotiations") before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this Section is your physical address that you have provided to Angi. Angi's address for such notices is: Angie’s List, Inc., d/b/a Angi, Attn: Legal Department, 130 E. Washington St., Indianapolis, IN 46204.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and Angi agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration ("Arbitration Agreement"). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, Angi will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the "Class Action Waiver" described in Subsection (4) below.
- Excluded Disputes. You and Angi agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for injunctive relief.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. To fullest extent permitted by applicable law, You and Angi agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action ("Class Action Waiver"). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and Angi agree that if any portion of this Section entitled "Mutual Arbitration Agreement" is found illegal or unenforceable, that portion will be severed, and the remainder of this Section will be given full force and effect.
23. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, without giving effect to any choice or conflict of law provision or rule (either of the State of Indiana or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Indiana.
24. LIMITATIONS PERIOD
Regardless of any statute or law to the contrary, you agree that any claim or cause of action arising out or related to your participation in the Program or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
25. NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California web users are entitled to the following specific consumer rights notice: The Services are provided by Angie’s List, Inc. d/b/a Angi, 130 E. Washington St., Indianapolis, Indiana 46204. If you have any questions, concerns, or complaints regarding the Services, please contact Angi, Inc. by (i) signing into your account and visiting Member Support to chat with a specialist; or (ii) sending a letter, first class certified mail, to Angie’s List, Inc. d/b/a Angi, 130 East Washington, Indianapolis, Indiana 46204, Attn: Customer Care.
California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
26. ASSIGNMENT
You may not assign or otherwise transfer this Agreement or any of its rights and/or obligations relating to this Agreement without the prior written consent of Angi.
27. WAIVER
Neither party shall be deemed to have waived any of its rights, powers, or remedies hereunder, except in an express writing signed by an authorized agent or representative of the party to be charged.
28. SEVERABILITY
If a provision of this Agreement is or becomes illegal, invalid, or unenforceable in any jurisdiction, that shall not affect: (1) the validity or enforceability in that jurisdiction of any other provision of this Agreement; or (2) the validity or enforceability in other jurisdictions of that or any other provision of this Agreement.
29. ENTIRE AGREEMENT
This Agreement along with the Angi Terms of Use, Privacy Policy, and Membership Agreement (if applicable) entered into by you and Angi governs your use of the Program and Program and constitutes the entire agreement between you and Angi with respect to the Program. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and Angi regarding the subject matter contained in this Agreement. Additional terms and conditions may exist between you and third parties, including but not limited to, any service contract you enter into with a service provider. You represent and warrant that those third-party agreements (including the any such service contract) do not interfere with your obligations and duties to Angi under this Agreement.
30. BINDING EFFECT
This Agreement and the rights and obligations created hereunder shall be binding upon and inure solely to the benefit of you and Angi and our respective successors and permitted assigns, and no other person shall acquire or have any right under or by virtue of this Agreement.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE PLATFORM. OR PARTICIPATE IN THE PROGRAM. YOU ACKNOWLEDGE THAT YOU HAVE READ, HAVE UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT.
31. PROVISIONS REMAINING IN EFFECT
In the event this Agreement is terminated, certain provisions of this Agreement will continue to remain in effect, including, but not limited to, Sections 4, and Sections 16-24.
Effective November 23, 2022 to December 1, 2022
DownloadTable of Contents
Angi Project Advisor, Book Now Services, and Project Submission Customer Agreement
Last updated on July 7, 2022
For Book Now Services, click here.
Angi Project Advisor, Book Now Services, and Project Submission Customer Agreement is as follows:
1. ACCEPTANCE OF THIS AGREEMENT
Your access to, use of, or participation in this Angi Projects Submission Program (as defined below) is subject to this Angi Projects Submission Customer Agreement (“Agreement”) and all applicable Angi regulations, guidelines, and agreements. This Agreement and the Angi Privacy Policy, which is hereby incorporated herein, constitute a legally-binding contract between you and Angie’s List, Inc., d/b/a Angi ("Angi").
All references to “you” or “your,” as applicable, mean the person who accesses, uses, and/or participates in the Program in any manner. You may not access, use, and/or participate in the Program if you are under 18 years of age.
This Agreement shall be effective on the date accepted by you. Angi reserves the right to immediately terminate this Agreement for any reason at any time.
2. MODIFICATIONS TO THIS AGREEMENT AND PRIVACY POLICY
Angi reserves the right, in its sole discretion and at any time, to change, modify, or otherwise amend this Agreement and any other documents incorporated herein by reference. Angi will post any amended Agreements on its website in the same location where the prior Agreement was posted—i.e., where it is presented to you before submit your project (as defined below). It is your responsibility to review the Agreement for any changes. Your continued use of the Program will signify your assent to, and acceptance of, the amended Agreement. If you do not agree to abide by this or any amended Agreement, you are prohibited from participating in the Program.
3. DESCRIPTION OF PROJECT SUBMISSION PROGRAM
The Projects Submission Program is intended to provide a quick and easy way for Angi members or non-member visiting Angi's website, mobile application, or other Angi tools or platform (“Customers”) to find an eligible service provider who is interested in accepting a home improvement project (the “Program”). The goal is to connect Customers like you with a service provider who will quickly communicate with the Customer their availability and acceptance of the project should the Customer select them to perform the work.
4. INFORMATION YOU PROVIDE TO US/TCPA CONSENT
Upon using Angi, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Providers who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our Service Providers via phone, fax, email, mail, text (SMS) messaging, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You also authorize Angi to send you an automated prerecorded call confirming your service request, along with calls from up to four Service Providers that can help you with your request to the land-line or mobile phone number you provided, and you understand that either Angi or the Service Providers may use automated phone technology (including autodialed and prerecorded messages) to call you and that your consent is not required to purchase products or services. For complete details on our use of your information, please see our Privacy Policy. You agree that by completing a service request, you are entering into a business relationship with Angi and/or a Service Provider and thus agree to be contacted by Angi and/or a Service Provider. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Providers that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or Angi has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Angi has the right to refuse any current or future use of the Program (or any portion thereof) or any other Angi services by you. You are responsible for any use of the Program or any other Angi services by persons to whom you intentionally or negligently allow access to your password.
5. YOUR CONDUCT
In connection with your participation in the Program and use of the Platform, you represent and warrant that you:
- Are above the age of eighteen (18);
- Will abide by the letter and spirit of the terms and conditions of this Agreement and all applicable local, state, national or international laws;
- Will not submit any Projects or content that may be considered by Angi to be unlawful, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, invasive of another person’s privacy or proprietary rights, or racially, ethnically or otherwise objectionable;
- Will submit thorough and thoughtful Projects that will provide service providers with accurate and detailed information sufficient for them to understand the Project you would like to have completed;
- Will not submit Projects or content that comment on other service providers or Customers;
- Will not impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Angi, or otherwise attempt to mislead others as to your identity;
- Will not submit Projects or content that are encrypted or that contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that are intended to damage, interfere with, disrupt, impair, disable or otherwise overburden our Platform;
- Will not access, download or copy any content contained on our Platform through artificial means (including but not limited to spiders, hacking devices, computer programs, bots or other such means);
- Will not post non-local or otherwise irrelevant Projects or content, repeatedly post the same or similar Projects or content, or otherwise impose an unreasonable or disproportionately large load on our Platform;
- Will not take any action that would undermine the Program or Platform;
- Will not attempt to gain unauthorized access to the Platform, other user accounts, or other computer systems or networks connected to the Platform;
- Will not use the Platform in any manner that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any material that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
- Will not use the Platform in any way that could interfere with the rights of Angi or the rights of other users of the Platform;
- Have sufficient rights in and to all content that you provide, transmit or otherwise convey to Angi in connection with the Program;
- Agree not to re-sell or assign your rights or obligations under this Agreement;
- Will not reproduce, duplicate, copy, sell, re-sell or exploit any content on the Platform;
- Will not access the Platform for any commercial, educational or other purposes not related to your personal purchasing decisions, the express written consent of Angi, which consent may be withheld by Angi in our discretion;
- Grant us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute the content you provide in the Platform and to prepare derivative works of, or to incorporate such content into other works, and to grant and to authorize sublicenses of the foregoing; and
- Agree not to create an account or use Angi services if your account previously has been terminated by Angi or if you previously have been banned from using the services.
The content that you provide does not reflect the views of Angi, its officers, managers, owners, employees, agents, designees or other users. In addition, Angi retains the right, in its sole discretion, to determine whether or not your use of the Program or Platform is consistent with the terms and conditions of this Agreement. Angi may suspend, restrict or terminate your use of the Program and to refuse any future use of all or portions of the Program or Platform if your use breaches or fails to comply with any of the terms and conditions of this Agreement. Additionally, Angi may seek any and all other remedies available to it, including: (a) seeking injunctive relief with any court of competent jurisdiction to enjoin any breach or failure to comply with any of the terms and conditions of this Agreement; and/or (b) if damages are ascertainable, seeking damages relating to any breach or failure to comply with any of the terms and conditions of this Agreement.
6. ANGI IS NOT A SERVICE PROVIDER, MERCHANT OF RECORD, OR GENERAL CONTRACTOR
Angi is not the service provider, is not in the business of providing the services or selling the goods subject of any Lead, Project, or service contract entered into between you and the service provider (“Service Contract”), and is not responsible in any way for the provision of services or sale of goods offered by such service provider or Service Contract. Angi is not a merchant of record or general contractor. Except as provided herein, you shall solely look to the applicable service provider for the facilitation of services or sale of goods relating to the Project or Service Contract. Angi is merely operating the Program and Platform that help connect you with the service provider interested in your Project.
7. PUBLICATION AND DISTRIBUTION OF CONTENT
Angi does not guarantee the accuracy, integrity, quality or appropriateness of any content transmitted to or through the Platform. You acknowledge that Angi simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of content posted by you or a service provider. You understand that all content posted on, transmitted through, or linked through the Platform, are the sole responsibility of the person from whom such content originated. You understand that Angi does not control, and is not responsible for content available through the Platform, and that by using the Platform, you may be exposed to content that is inaccurate, misleading, or offensive. You agree that you must evaluate and make your own judgment, and bear all risks associated with, the use of any content.
You further acknowledge that Angi has no obligation to screen, preview, monitor or approve any content published by you, a service provider, or a third party. However, Angi reserves the right to review and delete any content that, in its sole judgment, violates the terms and conditions of this Agreement. By participating in the Program and using the Platform, you agree that it is solely YOUR RESPONSIBILITY to evaluate your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any content that you submit, receive, access, transmit or otherwise convey through the Platform. Under no circumstances will Angi be liable in any way for any content provided by you, a service provider, or a third party, including without limitation, content that contains any errors, omissions, defamatory statements, or confidential or private information or for any loss or damage of any kind incurred as a result of the use of any content submitted, accessed, transmitted or otherwise conveyed via the Platform. You waive the right to bring or assert any claim against Angi relating to your content or the content or a service provider or other third party, and release Angi from any and all liability for or relating to any such content.
8. SERVICE PROVIDERS
The applicable service provider shall be solely responsible for the provision of services and sale of goods subject to the Project or Service Contract and for any and all injuries, illnesses, damages, costs, expenses, liabilities, or otherwise suffered or incurred by you in connection with the fulfillment of or failure to perform the services of the Project or Service Contract.
Angi does not endorse and is not responsible or liable for any content, data, advertising, products, goods or services available or unavailable from, or through, any service providers. You agree that should you use or rely on such content, data, advertisement, products, goods or services, available or unavailable from, or through any service Provider, Angi is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with or participation in promotions of any service provider, and any other terms, conditions, representations or warranties associated with such dealings (including without limitation any Service Contracts), are between you and such service provider exclusively and do not involve Angi. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging service providers.
You agree that Angi is not responsible for the accessibility or unavailability of any service provider or for your interactions and dealings with them, waive the right to bring or assert any claim against Angi relating to any interactions or dealings with any service provider, and release Angi from any and all liability for or relating to any interactions or dealings with service providers.
Angi may, in its sole discretion, have criminal and/or financial background checks conducted on certain service providers. By having such background checks conducted, ANGI DOES NOT WAIVE ANY OF ITS DISCLAIMER OR LIMITATIONS OF LIABILITY, INCLUDING WITHOUT LIMITATION, THOSE SET FORTH UNDER THIS SECTION, SECTION 18 (WARRANTY DISCLAIMER), OR SECTION 19 (LIMITATION OF LIABILITY).
9. ANGI KEY MEMBERSHIP
- Select: Angi may from time to time offer consumers the opportunity to purchase certain Book Now Services and other Angi services at a discount provided the consumer first agrees to purchase an annual Angi Key Membership ("Angi Key Membership"). Any discounts obtained through the Angi Key Membership cannot be combined or used with any other discounts, coupons or offers on the Book Now Services.
- BILLING AND AUTOMATIC RENEWAL: When you first sign up and purchase Angi Key Membership, you will be billed immediately for your initial Angi Key Membership subscription period. BY ENROLLING IN ANGI KEY MEMBERSHIP, IN ADDITION TO ANY PROFESSIONAL SERVICES YOU PURCHASE THROUGH ANGI KEY MEMBERSHIP, YOU AUTHORIZE ANGI TO CHARGE YOU FOR YOUR INITIAL ANGI KEY MEMBERSHIP SUBSCRIPTION PERIOD AND A RECURRING ANNUAL MEMBERSHIP AT THE THEN CURRENT RATE, WHICH MAY CHANGE FROM TIME TO TIME. YOUR ANGI KEY MEMBERSHIP WILL AUTOMATICALLY RENEW AND PRIOR TO THE START OF THE NEXT SUBSCRIPTION PERIOD, YOU WILL BE CHARGED THE APPLICABLE ANGI KEY MEMBERSHIP FEE TO YOUR PROVIDED PAYMENT METHOD ON A RECURRING BASIS UNTIL CANCELED AS SET FORTH HEREIN. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR ANGI KEY MEMBERSHIP TO AUTO RENEW, YOU UNDERSTAND THAT YOUR ANGI KEY MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE ANGI (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
- Cancellation Fees: The cancellation and rescheduling of any Book Now Service while you are enrolled in the Angi Key Membership is subject to the cancellation policy, including the payment of any cancellation fees, as further described above.
- Declination of Payment: If an eligible payment method Angi has on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your Angi Key Membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your Angi Key Membership period will be based on the original enrollment or renewal date and not the date of the successful charge.
- CANCELLATION OF AUTOMATICALLY RENEWING MEMBERSHIP: YOU WILL NOT BE CHARGED AN ANGI KEY MEMBERSHIP FEE FOR THE SUBSEQUENT PERIOD IF YOU CANCEL YOUR ANGI KEY MEMBERSHIP AT LEAST THREE DAYS BEFORE YOUR NEXT ANGI KEY MEMBERSHIP RENEWAL DATE. You may cancel your Angi Key Membership by visiting the Angi Contact Center at or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159. Following cancellation of your Angi Key Membership you will continue to have access to your Angi Key Membership through the end of your current paid Angi Key Membership period. Should you cancel your Angi Key Membership, Angi reserves the right to cancel any Book Now Service appointments scheduled outside the current paid Angi Key Membership period.
- LIMITATIONS ON ANGI KEY MEMBERSHIP: For non Book Now Services, your discount is capped at $35 per service and must be requested via Angi.
10. OTHER OFFERS AND DISCOUNTS
- Promotional Coupon
- Promotional coupons are only eligible for the specific services designated by Angi. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. Angi reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons.
- Angi promotional coupons have no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use Angi. Promotional coupons may not be purchased for cash and Angi does not sell promotional coupons. Promotional coupons are nonrefundable.
- Promotional coupons will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
- Your Angi account will be billed for all fees and charges for use of any ineligible services. Each promotional coupon can only be used once and your Angi account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional coupon.
- Promotional coupons are only eligible for the specific services designated by Angi. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. Angi reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, Angi, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
11. MINIMUM AGE
If you are under the age of eighteen (18), you are prohibited from participating in the Program.
12. LIMITED LICENSE
By agreeing to this Agreement, Angi grants you a limited license to access, participate in and use the Program and the Platform. You acknowledge and agree that you will not access, reproduce, duplicate, copy, sell, re-sell, visit or otherwise exploit for any commercial, educational (or any other non-personal) purpose any content or any portion of Program or Platform, without the express written consent of Angi.
13. MODIFICATION, LIMITATION, AND DISCONTINUANCE
Angi reserves the right to, at any time and without notice, limit access to, modify, change or discontinue the Program. You agree that Angi will not be liable to you or to any third party for any such limitation, modification, change, suspension, or discontinuance of the Program. You agree that Angi may establish general practices, policies and limits, which may or may not be published, concerning the use or operation of the Program.
14. DELAYS
Angi is not responsible for any delays, failures or other damage resulting from delays and/or other problems inherent in the use of the Internet and electronic communications.
15. FEEDBACK
Angi appreciates hearing from you, as well as our other users, and welcomes your comments regarding the Program and any other Angi product, program, or service. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, or materials other than those that we have specifically requested.
Although we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts or other content (collectively, the “Submissions”), such submissions will be the property of Angi. In addition, none of the Submissions will be subject to any obligations of confidentiality and Angi will not be liable for any future use or disclosure of such Submissions.
16. COPYRIGHT MATERIALS
You acknowledge and agree that all content and other information on the Platform, including, but not limited to, all text, graphics, logos, icons, images, audio clips, downloads, data compilations and software (collectively, the “Copyright Materials”) are the property of Angi or used with the express permission of the owner of such Copyright Materials and are protected by all United States and international copyright laws.
17. WARRANTY DISCLAIMER
You understand and agree that the PROGRAM AND PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT ANGI ASSUMES NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO THE PROGRAM AND PLATFORM. ANGI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY THAT (A) SERVICES WILL BE UNINTERRUPTED, TIMELY PERFORMED, SECURE OR ERROR-FREE, (B) ANY CONTENT OR INFORMATION YOU PROVIDE OR ANGI COLLECTS WILL NOT BE DISCLOSED, (C) ANY SERVICE PROVIDER OR GOODS SOLD OR PROVIDED IN CONNECTION WITH A SERVICE CONTRACT WILL BE FREE FROM DEFECT, OR (D) ANY ERRORS IN ANY SERVICE WILL BE CORRECTED. YOU AGREE THAT THE PARTICIPATION IN THE PROGRAM AND USE OF THE PLATFORM IS AT YOUR OWN RISK. In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to you as they relate to implied warranties.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANGI WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ANGI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM THIS AGREEMENT, YOUR USE OF THE PROGRAM AND PLATFORM, OR ANY OTHER MATTER RELATING TO THE SITE OR ANY SPECIFIC SERVICE REQUEST. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.
TO THE EXTENT ANGI IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT OR THE USE OR OPERATION OF THE PLATFORM, ANGI’S LIABILITY FOR DAMAGES WILL NOT EXCEED THE EQUIVALENT OF THE VALUE OF THE SERVICE YOU RECEIVED THROUGH THE PROGRAM.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ANGI CONTRACTS WITH A THIRD PARTY TO PROCESS YOUR PAYMENT TO ANGI THROUGH THE USE OF A CREDIT CARD (A “CREDIT CARD PROCESSOR”). YOU UNDERSTAND AND AGREE THAT NEITHER A CREDIT CARD PROCESSOR NOR ANY OTHER PARTY INVOLVED IN THE CREDIT CARD PROCESSING PROCESS FOR ANGI, INCLUDING, BUT NOT LIMITED TO, THE COMPANY ISSUING THE CREDIT CARD TO YOU AND THE MERCHANT BANK (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL BE LIABLE FOR ANY DAMAGES (AS DEFINED HEREIN AND SUBJECT TO THE LIMITATIONS SET FORTH IN THIS SECTION 19) SUFFERED BY YOU AS A RESULT OF ANY BREACH OF THIS AGREEMENT BY ANGI. YOU HEREBY RELEASE EACH OF THE RELEASED PARTIES FROM ANY AND ALL DAMAGES YOU MAY SUFFER AS A RESULT OF ANY BREACH OF THIS AGREEMENT BY ANGI. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FOR ANY AND ALL DAMAGES IT MAY SUFFER AS A RESULT OF YOUR BREACH OF THIS SECTION 19. YOU HEREBY UNDERSTAND AND AGREE THAT ANGI SHALL BE SOLELY LIABLE FOR THE PAYMENT OF ANY DAMAGES TO YOU UNDER THIS AGREEMENT.
19. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Angi, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of this Agreement by you; (b) any goods or services purchased by or contracted by you through the Program, the Platform, or any service contract entered into between you and a service provider; or (c) any violation of any rights of another or harm you may have caused to another. Angi will have sole control of the defense of any such damage or claim.
20. BREACH OF AGREEMENT AND LIQUIDATED DAMAGES
- You understand and agree that, because damages are often difficult to calculate, if it becomes necessary for Angi to pursue legal action to enforce the terms and conditions of this Agreement, you will be liable to pay us the following amounts as liquidated damages, which you accept as reasonable estimates of Angi’s damages for the specified breaches of this Agreement.
- If you post content in violation of this Agreement, you agree to promptly pay Angi One Thousand Dollars ($1,000) for each item of content posted in violation of this Agreement. We may (but shall not be required to) to issue you a warning before assessing damages.
- If you display, copy, duplicate, reproduce, sell, re-sell or exploit for any purpose any content in violation of this Agreement, you agree to pay One Thousand Dollars ($1,000) for each item of content displayed, copied, duplicated, reproduced, sold, resold or exploited in violation of this Agreement.
- If you use computer programming routines that are intended to aggregate records or content from the Platform or otherwise damage, interfere with, disrupt, impair, disable or otherwise overburden our Platform, you agree to pay One Hundred Dollars ($100) for each review or record that is aggregated, disrupted, damaged or otherwise affected by you.
- Except as set forth in the foregoing subsections (1) through (3), inclusive, you agree to pay the actual damages suffered by Angi, including, but not limited to attorneys’ fees and court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of this Agreement, we reserve the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in this Agreement, or any combination thereof.
21. NOTICE
You agree that Angi may communicate any notices to you under this Agreement, through electronic mail, regular mail or posting the notices on the Platform. All notices to Angi will be provided by either sending a letter, first class certified mail, to Angie’s List, Inc. d/b/a Angi, 130 East Washington, Indianapolis, Indiana 46204, Attn: Customer Care. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.
In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), Angi will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is: Angie’s List, Inc. d/b/a Angi, 130 E. Washington St., Indianapolis, IN 46204, Attn: Designated Agent, or email to Email: [email protected].
If you are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that your work’s copyright or trademark has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted;
- A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Angi will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
22. MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and Angi, including without limitation any dispute or claim related to or arising out of this Agreement ("Dispute"), you and Angi may attempt to negotiate any Dispute informally (the "Informal Negotiations") before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this Section is your physical address that you have provided to Angi. Angi's address for such notices is: Angie’s List, Inc., d/b/a Angi, Attn: Legal Department, 130 E. Washington St., Indianapolis, IN 46204.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and Angi agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration ("Arbitration Agreement"). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, Angi will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the "Class Action Waiver" described in Subsection (4) below.
- Excluded Disputes. You and Angi agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for injunctive relief.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. To fullest extent permitted by applicable law, You and Angi agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action ("Class Action Waiver"). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and Angi agree that if any portion of this Section entitled "Mutual Arbitration Agreement" is found illegal or unenforceable, that portion will be severed, and the remainder of this Section will be given full force and effect.
23. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, without giving effect to any choice or conflict of law provision or rule (either of the State of Indiana or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Indiana.
24. LIMITATIONS PERIOD
Regardless of any statute or law to the contrary, you agree that any claim or cause of action arising out or related to your participation in the Program or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
25. NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California web users are entitled to the following specific consumer rights notice: The Services are provided by Angie’s List, Inc. d/b/a Angi, 130 E. Washington St., Indianapolis, Indiana 46204. If you have any questions, concerns, or complaints regarding the Services, please contact Angi, Inc. by (i) signing into your account and visiting Member Support to chat with a specialist; or (ii) sending a letter, first class certified mail, to Angie’s List, Inc. d/b/a Angi, 130 East Washington, Indianapolis, Indiana 46204, Attn: Customer Care.
California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
26. ASSIGNMENT
You may not assign or otherwise transfer this Agreement or any of its rights and/or obligations relating to this Agreement without the prior written consent of Angi.
27. WAIVER
Neither party shall be deemed to have waived any of its rights, powers, or remedies hereunder, except in an express writing signed by an authorized agent or representative of the party to be charged.
28. SEVERABILITY
If a provision of this Agreement is or becomes illegal, invalid, or unenforceable in any jurisdiction, that shall not affect: (1) the validity or enforceability in that jurisdiction of any other provision of this Agreement; or (2) the validity or enforceability in other jurisdictions of that or any other provision of this Agreement.
29. ENTIRE AGREEMENT
This Agreement along with the Angi Terms of Use, Privacy Policy, and Membership Agreement (if applicable) entered into by you and Angi governs your use of the Program and Program and constitutes the entire agreement between you and Angi with respect to the Program. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and Angi regarding the subject matter contained in this Agreement. Additional terms and conditions may exist between you and third parties, including but not limited to, any service contract you enter into with a service provider. You represent and warrant that those third-party agreements (including the any such service contract) do not interfere with your obligations and duties to Angi under this Agreement.
30. BINDING EFFECT
This Agreement and the rights and obligations created hereunder shall be binding upon and inure solely to the benefit of you and Angi and our respective successors and permitted assigns, and no other person shall acquire or have any right under or by virtue of this Agreement.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE PLATFORM. OR PARTICIPATE IN THE PROGRAM. YOU ACKNOWLEDGE THAT YOU HAVE READ, HAVE UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT.
31. PROVISIONS REMAINING IN EFFECT
In the event this Agreement is terminated, certain provisions of this Agreement will continue to remain in effect, including, but not limited to, Sections 4, and Sections 16-24.
Effective November 11, 2022 to November 23, 2022
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Angi Project Advisor, Book Now Services, and Project Submission Customer Agreement
Last updated on July 7, 2022
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